Madras High CourtCRL OP(MD)/295/2024dismissed

Venkatraman v. The Commissioner Of Police

2024-01-10Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P. (MD) No.295 of 2024 Venkatraman ... Petitioner vs.

1.The Commissioner of Police Madurai City, Madurai.

2.The Inspector of Police, South Gate Police Station, Madurai City, Madurai.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 2nd Respondent Police not to harass the Petitioner in any manner in the guise of enquiry, by considering the Petitioner's representation dated 18.12.2023.

For Petitioner : Mr.C.Meenakshi Sundaram For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor 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 in any manner in the guise of enquiry, by considering the Petitioner's representation dated 18.12.2023.

2. It is the submission of the learned Counsel for the Petitioner that the Petitioner already faced a case in N.D.P.S Act. After due trial, he was acquitted. Except that case, he has no other case, whereas the 2nd Respondent is insisting him to appear before him and execute a bond.

3. When there are no case is pending in Police, the conduct of the 2nd Respondent directing the Petitioner to appear before him and execute bond is unwarranted. Therefore, the Petitioner seeks direction not to harass him.

4. The learned Additional Public Prosecutor submits that he was already issued summons from the Revenue Divisional Officer, regarding execution of bond under Section 110 Cr.P.C.. Without 2/4

challenging the summon issued by the Revenue Divisional Officer / Executive Magistrate, he cannot seek direction not to harass.

5. Considering the submissions of the learned Counsel for the Petitioner and the learned Additional Public Prosecutor, the Petitioner is directed to challenge the summon issued to him.

6. With the above direction, this Petition is dismissed. 10.01.2024 Internet:Yes/No Index:Yes/No LS To 1.The Commissioner of Police Madurai City, Madurai.

2.The Inspector of Police, South Gate Police Station, Madurai City, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

LS CRL.O.P. (MD) No.295 of 2024 10.01.2024 4/4