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Madras High CourtCRL OP/23446/2024dismissed

S Solaibava v. The Commissioner Of Police,

2024-09-25Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.No.23446 of 2024 S.Solaibava ... Petitioner Vs.

1. The Commissioner of Police, Office of Commissioner of Police, Coimbatore.

2. The Inspector of Police, Karuppukadai Police Station, Coimbatore.

.. Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS,2023 to direct the 2nd respondent police to not to harass the petitioner without following due process of law. For Petitioner : Mr.CH.Mohith Sai For Respondents : Mr. S.Udayakumar Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner herein who is an wanted accused in Cr.No.53 of 2024 dated 08.07.2024 is before this Court alleging that the police is harassing him.

2. Based on the complaint given by one Mohammed Ali alleging that he had been cheated by the seven named accused persons by renting out three cars and not returning it and also not paid the rent as agreed.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police submits that there are few more cases against this petitioner of similar nature and this petitioner is wanted accused in Cr.No.53 of 2024, based on the confession given by one Immam Ali alias Sahul Hameed/A2.

4. This Court finds that the petition under Section 528 of B.N.S.S Act seeking protection from harassment is a deviced conceived by the accused persons to circumvent the legal process, If at all the petitioner is aggrieved by search of him by the police and apprehends arrest, he should seek for anticipatory bail and not petition under Section 528 of 2/4

B.N.S.S seeking protection from harassment. Hence, this Criminal Original Petition is dismissed as devoid of merits. .

25.09.2024 Vv To

1. The Commissioner of Police, Office of Commissioner of Police, Coimbatore.

2. The Inspector of Police, Karuppukadai Police Station, Coimbatore.

3.The Public Prosecutor, High Court of Madras.

3/4

Dr.G.JAYACHANDRAN,J.

Vv Crl.OP.No.23446 of 2024 25.09.2024 4/4