Mohamed Ali v. The Deputy Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Mohamed Ali ... Petitioner Vs.

1.The Deputy Commissioner of Police, Maduravoyal Region, Maduravoyal, Chennai.

2.The Inspector of Police, T-4 Maduravoyal Police Station, Maduravoyal, Chennai.

... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code to direct the respondents not to harass the petitioner.

For Petitioner : Mr.K.Sivakumar For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition is filed by the petitioner to direct the respondents not to harass the petitioner.

2.The petitioner, a driver by profession was involved in a murder case in the year 2016, now the case is pending trial before the learned XVI Additional District Sessions Judge, Chennai and the petitioner has been regularly appearing before the Trial Court. Further, other than this case the petitioner has got no other criminal case. The respondent police is harassing the petitioner for the past fifteen years and forcing him to execute bond and after his marriage, the petitioner is settled in Namakal having a three year old child. For the harassment faced, the petitioner filed the present petition.

3.Heard Mr.K.Sivakumar, learned counsel appearing on behalf of the petitioner.

4.Learned Additional Public Prosecutor submits that the petitioner is 2/4

a history sheeter with H.S.No.3/2016. He would submit that the petitioner was called for enquiry to execute bond since there was apprehension of disturbance of peace and tranquility, but the petitioner failed to execute the bond and on the other hand, filed this present petition terming it as harassment. He further submits that now the petitioner shifted his residence to Namakal and residing within the jurisdiction of Senthamangalam Police Station. He would also submit that since the petitioner is not within the jurisdiction of respondent police, he is not required for any enquiry. 5.Finding that the petitioner is an accused in a murder case and a history sheeter, calling upon him for executing a bond is not offensive. Further, now the petitioner shifted his residence to Namakal and residing within the jurisdiction of Senthamangalam Police Station and he is not required by the respondent police. In view of the same, this Criminal Original Petition is dismissed.

13.06.2023 Index : Yes/No Speaking Order/Non-Speaking Order cse 3/4

M.NIRMAL KUMAR, J.

cse To 1.The Deputy Commissioner of Police, Maduravoyal Region, Maduravoyal, Chennai.

2.The Inspector of Police, T-4 Maduravoyal Police Station, Maduravoyal, Chennai.

3.The Public Prosecutor, High Court, Madras.

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