Kanagaraju v. State Rep. By

Crl.O.P.No.24217 of 2023 Crl.O.P.No.24217 of 2023 C.V.KARTHIKEYAN , J.

The petitioner is A2 in Crime No.517 of 2023 registered under Sections 147, 148, 341, 427, 323, 355, 332 of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002.

2.It is stated on 19.2.2022, the de facto complainant, who is the Head Clerk of Principal District Court at Tiruppur and who was on deputation at Central Nazar at Sub Court in Avinasi, had gone over to the house of the petitioners to serve summons to one Karuppasami and Suseela with respect to a pending suit in OS.No.27 of 2022. It is stated that when she went to the house, it was locked and thereafter Karuppasami came out of the house and when it was informed that summons had to be served, all the accused came around and they had committed the offence and later, they had also damaged the Car. It was stated that she had also been assaulted by twisting her hands The application filed by the 1st accused had been dismissed by this Court.

3.The learned counsel for the petitioner stated that the name of the petitioner is not found in the FIR. It is also stated that the de facto complainant had come by a Car which would establish that private travel facility had been arranged for her. It was stated that the entire case is a false case. But however, preventing a public servant from discharge of duty, itself has to be viewed https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No.24217 of 2023 C.V.KARTHIKEYAN , J.

kp seriously and more importantly the subsequent damage to the Car, has also to be viewed seriously. It is also stated by the learned counsel for the petitioner that complaint was lodged only after one year. This has been explained on behalf of the respondent by stating that permission had to be obtained from the higher officials before lodging the complaint.

4.It is also stated that the learned Magistrate had also examined the entire issue. In view of all these facts, since the anticipatory bail of A1 had been dismissed and the same order has to accrue to the petitioner/A2 also. Hence, this criminal original petition stands dismissed.

31.10.2023 kp Crl.O.P.No.24217 of 2023 https://www.mhc.tn.gov.in/judis 2/2