M. Kala v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.11.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN M.Kala .. Petitioner /versus/ 1.The Commissioner of Police, Office of Commissioner of Police, Coimbatore 641 018.

2.The Inspector of Police, Singanallur Police Station, Coimbatore 641 005.

.. Respondents Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent police not to harass the petitioner without due process of law.

For Petitioner :Mr.K.Kathiresan For Respondents :Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) ----- 1/4

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent police not to harass the petitioner without due process of law. 2.

Based on the complaint given by the defacto complainant Mariyappan, First Information Report has been registered in Crime No.401 of 2021 for theft of 41 sovereign of gold jewels. One of the accused has confessed that the stolen articles are with the petitioner. Hence, the police has called this petitioner for enquiry. Alleging that the police under the garb of investigation is harassing the petitioner, the present Criminal Original Petition is filed.

3.

The learned Government Advocate (Crl.Side) appearing for the respondents submitted that without participating in the enquiry, the petitioner is evading and she is required for investigation, since one of the accused has confessed that the stolen articles are with the petitioner. Unless the petitioner is enquired, the police cannot proceed further in the 2/4

investigation and trace the stolen articles.

4.

In the light of the above fact, this Court finds no reason to entertain this petition. Hence, this Criminal Original Petition is dismissed. However, the petitioner is directed to appear before the respondent police on issuance of summon.

29.11.2023 Index:yes/no Netural Citation:yes/no ari To:

1.The Commissioner of Police,Office of Commissioner of Police, Coimbatore 641 018.

2.The Inspector of Police, Singanallur Police Station, Coimbatore 641 005.

3.The Public Prosecutor, High Court, Madras.

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DR.G.JAYACHANDRAN,J.

ari 29.11.2023 4/4