Madras High CourtCRL OP(MD)/711/2022allowed

Arunbabu v. The Superintendent Of Police

2022-01-12Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.711 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.711 of 2022 Arunbabu ... Petitioner Vs 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Tirunelveli Medical College Police Station, Tirunelveli District.

... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent not to harass the petitioner in any manner in the guise of enquiry.

For Petitioner : Mr.K.Sivabalan For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (crl.)

ORDER

The petitioner alleges harassment at the hands of the respondent police. To forbear them from doing so, this Criminal Original Petition has been filed.

2. When the matter was taken up for hearing, the learned Government Advocate(crl.side) submitted that the respondents only want the petitioner to execute a bond under Section 110 of Cr.P.C.

3. If that be so, the respondents as well as the executive magistrate will have to necessarily follow due process and procedure set out in Cr.P.C. The respondents cannot adopt any extra legal method.

This Criminal Original Petition is allowed accordingly.

Sd/- Assistant Registrar (As) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.711 of 2022 Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Tirunelveli Medical College Police Station, Tirunelveli District.

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

+1 CC to M/s.K.SIVA BALAN, Advocate ( SR-1956[F] dated 20/01/2022 ) Crl.O.P(MD)No.711 of 2022 12.01.2022 MGJ(02.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2