Appu @ K.Nagarajan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:12.02.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.3021 of 2019 Appu @ Nagarajan ... Petitioner Vs.

State rep.by The Inspector of Police, M-1, Madhavaram Police Station, Chennai - 600 068.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent Police not to harass the petitioner under the guise of execute bond under Section 110 of Criminal Procedure Code.

For Petitioners : Mr.S.Kanmani For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the respondent police not to harass the petitioner under the guise of execute bond under Section 110 of Criminal Procedure Code.

2.

Heard the learned Counsel for the petitioner and learned Additional Public Prosecutor for the respondent police. 3.

The learned counsel appearing for the petitioner submits that the respondent police harassed the petitioner under the guise of execute bond under Section 110 of Criminal Procedure Code.

4.

The learned Additional Public Prosecutor appearing for the respondent police submits that the police called the petitioner for enquiry in the pending FIR in Crime Nos.811 of 2016 and 1769 of 2017. The case where the FIRs are pending against the petitioner, there is no scope for this Court to entertain the petition under Section 482 of Cr.P.C., under the caption "Not to harass".

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5.

Under such circumstances, once the regular FIR has been registered, the question of "Not to harass" will not arise. Any direction issued by this Court at this stage will amount to interfering with the investigation conducted by the respondent police. Hence, this Criminal Original petition is dismissed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sbn/rpl To 1.The Inspector of Police, M-1, Madhavaram Police Station, Chennai - 600 068.

2.The Public Prosecutor, High Court of Madras, Madras.

+1cc to Mr.S.Kanmani, Advocate, S.R.No.12291 Crl.O.P.No.3021 of 2019 BS(CO) rrs 18/03/2019 https://hcservices.ecourts.gov.in/hcservices/