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Madras High CourtCRL OP/24357/2018closed

M.Krishnamoorthy v. The Commissioner Of Police Salem

2018-10-12Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.24357 of 2018 1.M.Krishnamoorthy 2.M.Shanmugam .. Petitioners Vs 1.The Commissioner of Police, O/o.The Commissioner of Police, Salem.

2.The Deputy Commissioner of Police, Crime Branch, O/o.The Commissioner of Police, Salem.

3.The Inspector of Police, Central Crime Investigation Wing, Salem Town Police Station Compound, Salem City.

4.The Sub Inspector of Police, Central Crime Investigation Wing, Salem Town Police Station Compound, Salem City.

5.M.Nachimuthu 6.N.Senthilnathan 7.N.Sridhar .. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents police 1 to 4 not to harass the petitioners by appreciating the facts and circumstances of the case.

For Petitioners : Mr.Ma.P.Thangavel

For R1 to R4 : Mrs.M.Prabhavathi, APP

O R D E R

This Criminal Original Petition has been filed to direct the respondents Police not to harass the petitioners under the guise of enquiry.

2.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondents 1 to 4.

3.Today, Mr.Ameerjan, SSI, CCB, Salem is present before this Court.

4.Learned Additional Public Prosecutor on instructions, submitted that on the complaint lodged by one Nachimuthu against the petitioners, petition enquiry is pending in C.No.664/ACP/CCB/18 on the file of the 4th respondent.

5.In such view of the matter, the petitioners are directed to cooperate with the police for enquiry and at the time of conducting enquiry, the petitioners shall not be harassed. During the course of enquiry, if any cognizable offence is made out, the respondent police is free to register an FIR and this order shall not be a shield for the petitioners against arrest.

With the above direction, this petition is closed. Sd/- Deputyt Registrar //True copy// Sub Assistant Registrar gya To 1.The Commissioner of Police, O/o.The Commissioner of Police, Salem.

2.The Deputy Commissioner of Police, Crime Branch, O/o.The Commissioner of Police, Salem.

3.The Inspector of Police, Central Crime Investigation Wing, Salem Town Police Station Compound, Salem City.

4.The Sub Inspector of Police, Central Crime Investigation Wing, Salem Town Police Station Compound, Salem City.

5.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.24357 of 2018 GMY(23/10/2018)