K.Ramamurthy v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.OP.No.1999 of 2020 K.Ramamurthy .. Petitioner -vsThe State Rep by The Inspector of Police, J-2, Adyar Police Station, Chennai. .. Respondent Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent police not to harass the petitioner under the guise of an enquiry. For Petitioner : Mr.P.P.Vikram For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent police not to harass the petitioner under the guise of an enquiry.

2.

The learned counsel for the petitioner has submitted that the petitioner has not committed any offence and no case is pending against the petitioner, but, the respondent police is unnecessarily harassing the petitioner and hence, he prayed to direct the respondent police not to harass the petitioner under the guise of an enquiry.

3. Per Contra, the learned Additional Public Prosecutor has submitted that one case is pending against the petitioner before the 9th Metropolitan Magistrate, Chennai. He further submitted that the petitioner's sons are accused in S.C.No.205 of 2015 on the file of the V Additional Sessions Judge, Chennai and in the said case, the petitioner stood as surety for his sons. He https://hcservices.ecourts.gov.in/hcservices/

further submitted that the petitioner's sons are absconding and hence, non-bailable warrants were issued against them. He further submitted that in that case, the learned V Additional Sessions Judge has initiated proceedings under Section 446 Cr.P.C and issued notice and only for serving the said notice, the petitioner was called and he was not subjected to any harassment.

4. The petitioner stood as one of the sureties for his sons. The learned trial court Judge initiated proceedings under Section 446 of Cr.P.C., When the police attempted to serve court notice, the petitioner cannot say that he is harassed by the police.

5. For the aforesaid reasons, this court does not find any merit in this case. Hence, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Vv To

1. The Inspector of Police, J-2, Adyar Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.1999 of 2020 SS(CO) GS(21/07/2020) https://hcservices.ecourts.gov.in/hcservices/