Muthupandi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2022

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA I.Muthupandi ...

Petitioner versus State Represented by The Inspector of Police, Thadagam Police Station, Coimbatore District.

...

Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, praying to direct the respondent police not to harass the petitioner under the guise of Crime No.171 of 2022 on the file of the respondent police.

For Petitioner : Mr.S.Washimraja For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side) 1/4

O R D E R

This Criminal Original Petition has been filed to direct the respondent police not to harass the petitioner under the guise of enquiry. 2.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent. 3.

The learned counsel for the petitioner submitted that the petitioner is the second accused in Crime No.171 of 2022 on the file of the respondent police for the offences under Sections 454, 457 and 380 of IPC. The petitioner was arrested in the said offences and he was released on conditional bail on 29.09.2022. It is further submitted that the petitioner is complying the condition regularly but he is being harassed by the respondent police by asking to make his appearance before the police station daily.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner is an accused in a criminal case pending against him that can not be said as harassment. 2/4

5.

It is relevant to mention the conditions imposed in the bail order, wherein it is stated that "the petitioner shall not abscond and he shall co-operate with the investigation agency as and when required." But the grievance of the petitioner is that he is being harassed to tell about the whereabouts of the first accused, on whose details he is not aware of. Though it is obligatory on the part of the respondent police to call the petitioner for the purpose of investigation, the accused should not be harassed to divulge information which is not within his knowledge. 6.

With these observations, this Criminal Original Petition stands disposed of.

07.11.2022 Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri 3/4

R.N.MANJULA , J.

sri To 1.State Represented by The Inspector of Police, Thadagam Police Station, Coimbatore District.

2.The Public Prosecutor, Madras High Court, Chennai.

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