Madras High CourtCRL OP(MD)/2200/2021disposed of

R.Jeeva Kennedy v. The District Superintendent Of Police

2021-02-12Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA R.Jeeva Kennedy ... Petitioner Vs.

1.The State rep., through The District Superintendent of Police, O/o.District Superintendent of Police, 2.The Inspector of Police, District Crime Branch, Office of District Superintendent of Police, 3.Jothilakshmi ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondents 1 and 2 not to harass the petitioner and his family members under the guise of an enquiry.

For Petitioner : Mr.R.Karunanidhi For R1 & R2 : Mr.Erottusamy Government Advocate (Criminal Side)

ORDER

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure seeking for a direction to the respondents 1 and 2 not to harass the petitioner and his family members under the guise of an enquiry. 2.Mr.R.Karunanidhi, learned counsel appearing for the petitioner drew the attention of this Court to the earlier orders passed by this Court in Crl.O.P(MD).No.17597 of 2019, wherein certain guidelines were issued to the police with regard to conduct of an enquiry. He also contended that subsequently in Crl.O.P(MD).No.12633 of 2020 filed by the present petitioner 1/3

seeking to quash the First Information Report in Crime No.14 of 2019 of City Crime Branch, Tirunelveli District, this Court passed an interim stay of the proceedings in Crime No.14 of 2019. He therefore prayed for allowing the present petition and direct the second respondent not to harass the petitioner. 3.Mr.Erottusamy, learned Government Advocate (Criminal side), who accepts notice on behalf of the respondents 1 and 2, on instructions, would contend that the investigation in Crime No.14 of 2019 of City Crime Branch, Tirunelveli is pending against the petitioner and that the fourth respondent had also confessed before the police about the involvement of the present petitioner in Crime No.14 of 2019.

4.Recording the aforesaid submissions, the present petition is dispose of in the light of the stay orders passed by this Court in Crl.O.P(MD).No.12633 of 2020 and the second respondent police shall not harass the petitioner in connection with Crime No.14 of 2019. Order of stay is in existence.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) rmk 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 District Superintendent of Police, O/o.District Superintendent of Police, 2/3

2.The Inspector of Police, District Crime Branch, Office of District Superintendent of Police, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

12.02.2021 KM (09.03.2021) 3P 4C 3/3