Madras High CourtCONT P/2788/2024dismissed

S.Muthucholan, v. Mr. Ramasundaram,

2024-09-19Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2024

CORAM

THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI Cont. P. No. 2788 of 2024 in Crl.M.P.No. 8097 of 2024 in Crl.O.P.No. 5541 of 2024 S.Muthucholan ... Petitioner

Versus

Mr. Ramasundaram, The Inspector of Police, J-4 Kotturpuram Police Station, Chennai-600 085.

(Crime No.36 of 2024) ... Respondent PRAYER : Contempt Petition has been filed under Section 11 of Contempt of Court Act, 1971, praying to initiate contempt against the respondent, The Inspector of Police, J-4 Kotturpuram Police Station, for his willful disobedience of the order dated 02.07.2024 passed by this Court in Crl.M.P.No. 8097 of 2024 in Crl.O.P. No. 5541 of 2024. 1/4

For Petitioner : Mr.N.Mahendra Babu For Respondent : Mr.S.Balaji, Govt. Advocate (Crl. Side)

O R D E R

This Contempt Petition has been filed by the Intervenor stating that as per the cancellation of anticipatory bail order by this court on 02.07.2024, it implies that the accused seems to have secured, but as on date, the respondent police had not secured the accused. Hence, he filed this contempt petition to secure the accused.

2. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that as already the final report was filed, there is no necessity to secure the accused and there is no possibility of tampering the evidence.

3. Considering both side submissions as well as on perusal of the order passed by this Court, the anticipatory bail granted to the petitioner was cancelled for the reason that he was involved in another case. But, now after cancellation of anticipatory bail, final report has also been filed. 2/4

Considering that there is no possibility to tamper the evidence and there is no direction issued to the respondent police to secure the accused. Therefore, when there is no specific order to the respondent police to secure the accused, the Contempt Petition filed by the petitioner as such is not maintainable. Accordingly, this Contempt Petition is dismissed as no merit. 19.09.2024 rpp To

1. Mr. Ramasundaram, The Inspector of Police, J-4 Kotturpuram Police Station, Chennai-600 085.

2. The Public Prosecutor, High Court, Madras.

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T.V. THAMILSELVI, J.

rpp Cont. P. No.2788 of 2024 19.09.2024 4/4