Chinnathangam @ Radhakrishnan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.04.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.6295 of 2015 Chinnathangam @ Radhakrishnan ...
Petitioner Vs 1.The Inspector General of Police West Zone, Race Course Coimbatore.
2.The Superintendent of Police, Erode District, Erode.
3.The Deputy Superintendent of Police Bhavani Taluk Erode District.
4.The Inspector of Police Anthiyur Police Station, Erode District.
...Respondents
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents herein not to harass this petitioner.
For Petitioner :Mr.M. Guruprasad For Respondent :Mr.C.Emalias Additional Public Prosecutor
ORDER
The petitioner has come forward with this petition to direct the respondents not to harass the petitioners. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record. 3.Mr.Sugavanam, Inspector of Police, Anthiyur Circle, Erode District, has filed a counter affidavit, wherein at para 7, he has stated as follows:
"7.It is submitted that the allegations contained in Para 4 of the petition that the 4th respondent is making hectic attempt to put a criminal case against the petitioner that on 07.03.2015 at about 05.00PM the Inspector of Police Sugavanam, Vel and Vijayakumar came to the petitioner's house and threatened his workmen namely, Madeswaran and Kumar and that they insisted them not to work are denied as false. On 30.03.2015, at about 4.00pm, a complaint lodged by one Tr.Ponnappan @ Puttamathathambady against the petitioner before the Deputy Superintendent of Police, Bhavani Sub Division, was received as current paper, based on which, a case was registered in Burgur PS in Crime No.9 of 2015 under Section 294 (b), 447, 448, 506(i) and 420 IPC and the same is pending investigation before the said police. Hence, it is submitted that the version of the petitioner that the Inspector of Police is making attempts to register criminal cases against him is far from truth."
4.In view of the above antecedents of the petitioner, blanket order cannot be granted. The learned counsel for the petitioner submitted that he had obtained anticipatory bail in Crime No.9 of 2015 before the learned Principal Sessions Judge, Erode, on 09.04.2014.
Therefore, the petitioner complied with the conditions of anticipatory bail and appeared before the respondent police for investigation. At that time, when he came for investigation, the petitioner was unnecessarily harassed by the respondent police.
5.Under such circumstances, no blanket direction as prayed for by the petitioner could be given. If the petitioner is wanted either for enquiry or for interrogation, he can very well be summoned by the respondent police, and while doing so, the petitioner shall not be harassed. At the same time, the petitioner should submit himself to the respondents police for interrogation and enquiry, if he receives summon. It is open to the petitioner to seek remedy in accordance with law. With the above observation, this Criminal Original Petition is disposed of.
Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar mps
To 1.The Inspector General of Police West Zone, Race Course Coimbatore.
2.The Superintendent of Police, Erode District, Erode.
3.The Deputy Superintendent of Police Bhavani Taluk Erode District.
4.The Inspector of Police Anthiyur Police Station, Erode District.
5. The Public Prosecutor, High Court, Madras.
1 cc to Mr.M. Guruprasad, Advocate, Sr. 20367 1 cc to Public prosecutor, High Court, Madras, Sr. 20494 Crl.OP.No.6295 of 2015 BR (CO) kk 19/5