Murugesan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2022

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA and Crl.M.P No.4825 of 2021 1.Murugesan 2.Panneerselvam ... Petitioners Vs.

1.State Rep. by The Inspector of Police, Mailam Police Station Villupuram District-604 304 2.Vinayagam ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records pertaining to Crime No.1321 of 2020 on the file of the 1st respondent Police and quash the same. For Petitioner : Mr.C.Prabhu For Respondents : Mr.A.Damodaran for R1 Additional Public Prosecutor 1/6

O R D E R

This Criminal Original Petition has been filed, seeking to call for the records pertaining to Crime No.1321 of 2020 pending on the file of the 1st respondent Police and quash the same as illegal. 2.Heard the learned counsel appearing for the petitioners as well as the learned Additional Public Prosecutor appearing for the 1st respondent.

3. The case of the prosecution is that the petitioners are involved in break opening the house of the 2nd respondent / de-facto complainant and stealing the cash of Rs.10,000/-, 4-1/2 sovereigns of gold jewels and 100 grams of Silver. On the complaint given by the 2nd respondent/de-facto complainant in this regard, a case has been registered in Crime No.1321 of 2019 for the offences under Sections 457 and 380 of IPC.

4. The learned counsel for the petitioners submitted that every time, the accused have been implicated in similar kind of cases and thereafter, the 1st respondent police would keep quiet without any further action. 2/6

5. The records would show that the accused have got similar such cases against them. The learned Additional Public Prosecutor also submitted that they are habitual offenders.

6. The learned counsel for the petitioners submitted that the petitioners/accused belonged to Kuravar community; the 1st respondent police suspects that the people of that particular community usually involve in the offence of stealing.

7. The records would show that the FIR has been registered as early as on 23.07.2020. As per the prosecution, there are totally five accused involved in this case and the petitioners along with other accused had joined together and broke open the doors of the 2nd respondent on the date of occurrence and stole the cash and jewels. The anticipatory bail petition filed by the petitioners was also dismissed on 09.03.2021. Thereafter, the petitioners did not make themselves available for proper interrogation. The learned Additional Public Prosecutor submitted that the accused are still absconding.

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8. Since the accused have filed a petition for anticipatory bail by making themselves available to give instructions to their counsel, the 1st respondent ought to have taken effective steps to arrest the accused, Had the police was serious in this case, steps would have been taken to arrest the accused shortly after the anticipatory bail petition was dismissed. There is no point in keeping this petition pending without any progress and without arresting the accused. The learned counsel for the petitioners submitted that it is the usual pattern in which the 1st respondent police keeps the case pending, by wrongly implicating the accused. So, I feel it is appropriate to dispose of the petition by giving a direction to the 1st respondent police to complete the investigation and file the final report within a period of four weeks from the date of receipt of a copy of this order.

9. With the above direction, this Criminal Original Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. 17.10.2022 Index : Yes/No Speaking Order : Yes / No uma 4/6

To 1.The Inspector of Police, Mailam Police Station Villupuram District-604 304

2. The Public Prosecutor High Court of Madras.

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R.N.MANJULA, J., uma and Crl.M.P No.4825 of 2021 17.10.2022 6/6