Ezhumalai v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Mr.Ezhumalai ... Petitioner Vs.

1.The Superintendent of Police, O/o. The Superintendent of Police, Kallakurichi District.

2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Kallakurichi, Kallakurichi District.

3.The Inspector of Police, Kariyalur Police Station, Kallakurichi District.

... Respondents Prayer: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 428 of Criminal Procedure Code, to direct the respondents not to harass the petitioner herein under the guise of enquiry on the basis of the Petitioner's Representation dated 20.07.2024.

For Petitioner : Mr.G.Anto Prince For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner who is claiming as a teacher in a Government School, Maniyarpalayam at Kallakurichi, is an absconding accused in a prohibition offence case involving 200 litres of ID arrack filed this petition seeking protection from the police harassment on the ground that no recovery of ID arrack directly from him and he had already obtained anticipatory bail from the High Court of Madras in Crime No.225 of 2023 and therefore, police should not harass him. 2.

The learned Government Advocate (Crl.Side) appearing for the respondent police submits that a case against the petitioner is serious offence of manufacturing of illicit arrack in connivance with the other accused. Just because he happens to be a Government teacher, he cannot seeks protection to indulge an illegal act. Since in the Kallakurichi district a serious pooch tragedy has occurred subsequent to this case, probably the respondent police has become more vigilant in curbing illicit arrack and keeping surveillance of the known accused involving in prohibition offences.

3.

Therefore, this Court finds no reason to entertain this 2/4

petition which makes allegations against police for harassment without any basis. Hence this Criminal Original Petition is dismissed. 09.08.2024 Index : Yes/No rpl To 1.The Superintendent of Police, O/o. The Superintendent of Police, Kallakurichi District.

2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Kallakurichi, Kallakurichi District.

3.The Inspector of Police, Kariyalur Police Station, Kallakurichi District.

4.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

3/4

rpl 09.08.2024 4/4