Madras High CourtCRL OP/1466/2021dismissed

Maruthai v. The Superintendent Of Police

2021-02-02Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2021 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.1466 of 2021 K.Maruthai .. Petitioner Vs.

1. The Superintendent of Police, District Police Office, Ariyalur, Ariyalur District - 621 802.

2. The Deputy Superintendent of Police, District Crime Branch, District Police Office, Ariyalur, Ariyalur District - 621 802.

3. The State by The Inspector of Police, District Crime Branch, District Police Office, Ariyalur, Ariyalur District - 621 802.

(Crime No.3 of 2019) .. Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondents to arrest the accused Suriyanarayanan (A1) and Veeravel (A2) forthwith and for taking custodial interrogation within the period that this court may be pleased to fix and pass such further order or other orders as this Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner : Mr.M.V.Karunakaran For Respondents : Mr.M.Mohammed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed for a direction to the respondent police to arrest the accused person and to take them into custody and conduct custodial interrogation. https://hcservices.ecourts.gov.in/hcservices/

2.The prayer as sought for by the petitioner is not maintainable and this Court can never issue any positive direction to the Investigation Officer to arrest an accused person. Arresting the accused person during the course of investigation is a matter which is within the realm of investigation and giving any such direction to the police will amount to interfering with the investigation. It is seen from records that this Court has already directed the respondent police to complete the investigation and file a final report, within three months, by an order dated 05.01.2021. 3.In view of the above, this Court is not inclined to grant the relief as sought for by the petitioner and accordingly this criminal original petition is dismissed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar ssr To

1. The Superintendent of Police, District Police Office, Ariyalur, Ariyalur District - 621 802.

2. The Deputy Superintendent of Police, District Crime Branch, District Police Office, Ariyalur, Ariyalur District - 621 802.

3. The State by The Inspector of Police, District Crime Branch, District Police Office, Ariyalur, Ariyalur District - 621 802.

4. The Public Prosecutor, High Court, Madras Crl.O.P.No.1466 of 2021 VSNII(CO) SP(23/02/2021) https://hcservices.ecourts.gov.in/hcservices/