P.Kumar v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.7994 of 2025 P.Kumar ... Petitioner Vs

1. The State Represented by its, The Commissioner of Police, The Office of Commissioner of Police, Coimbatore City, Coimbatore.

2. The Deputy Commissioner of Police, The Office of Deputy Commissioner of Police, Coimbatore - North, Coimbatore.

... Respondents Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Certiorari, directing the respondents to call for the records of impugned externment order vide Na.Ka.No.11/Camp/Kaa.A/Ko.Ma/2025 dated 13.01.2025 on the file of the first respondent and quash the same as against the petitioner.

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For Petitioner : Mr.R.Prabakar For Respondents : Mr. K.M.D.Muhilan Govt. Advocate (Crl. Side)

O R D E R

This Writ Petition has been filed challenging order dated 13.01.2025 on the file of the first respondent.

2. Heard the learned counsel for both sides and perused the materials available on record.

3. The petitioner was residing at Coimbatore and was also running a hotel business in the name and style of M/s. Ramar Restaurant. While that being so, the petitioner was arrayed as an accused in Crime No. 592 of 2015 for the offences punishable under Sections 147, 148, 341, 307, 302, 149, 109 of IPC and Section 25(1B)(A) of the Arms Act, and in Crime No. 1283 of 2020 for the offences punishable under Sections 147, 148, 34, 120(b), 302, and 506 of IPC. That apart, the petitioner was involved in a third case, 2/6

Crime No. 47 of 2024, on the file of the Inspector of Police, E-3 Saravanapatti Police Station, Coimbatore, for the offences under Sections 387 and 506(11) of IPC. Now, Crime No. 592 of 2015 and Crime No. 1283 of 2020 were charge-sheeted, and he is facing trial; one of the said crime numbers relates to a triple murder case. Therefore, on the report submitted by the second respondent, the first respondent passed an order under Section 51-A of the Chennai City Police Act, 1888, thereby directing the petitioner to stay away from the City of Coimbatore for a period of six months.

4. The learned counsel for the petitioner submitted that he is now facing trial and also running a hotel business and there are absolutely no circumstances warranting the first respondent to pass an order directing the petitioner to stay away from the City of Coimbatore for a period of six months.

5. The learned Government Advocate (Crl. Side) appearing for the respondents, on instructions, states that the petitioner is a history-sheeter of A+ category, and on the complaint lodged by the general public, the 3/6

witnesses are not willing to come to Court for any deposition. That apart, the petitioner demanded money and threatened them with dire consequences. Therefore, on the report submitted by the second respondent, the first respondent issued a show-cause notice to the petitioner and passed an order. Hence, this Court finds no infirmity or illegality in the order passed by the first respondent, and the Writ Petition is devoid of merits.

6. Accordingly, this Writ Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs. 28.02.2025 Index:Yes/No kv 4/6

To

1. The Commissioner of Police, The Office of Commissioner of Police, Coimbatore City, Coimbatore.

2. The Deputy Commissioner of Police, The Office of Deputy Commissioner of Police, Coimbatore - North, Coimbatore.

3. The Public Prosecutor, High Court of Madras.

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G.K.ILANTHIRAIYAN, J.

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