Veeran v. The Superintendent Of Police

Crl.O.P.(MD)No.2104 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.2104 of 2020 Veeran .. Petitioner/ Accused rank not known Vs.

1. The Superintendent of Police(SP), Surveyor Colony, K.Pudur, Madurai.

2.The Inspector of Police, Keelavalavu Police Station, Melur Taluk, Madurai District.

.. Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the first respondent to transfer the investigation in Crime No.163 of 2019 registered under Sections 147,148,341, 294(b), 323, 324, 506(2), 307, 302 of IPC and Section 3(1) of TNPPDL Act, dated 17.06.2019 on the file of the 2nd respondent to 1st respondent herein based on the petitioner's representation dated 13.09.2019 and to take necessary action within the time stipulated by this Court.

For Petitioner : M/s.K.Malathi For Respondents : Mrs.S.Bharathi, Government Advocate (Criminal side)

ORDER

This petition has been filed seeking direction to direct the first respondent to to transfer the investigation in Crime No.163 of 2019 registered under Sections 147,148,341, 294(b), 323, 324, 506(2), 307, 302 of IPC and Section 3(1) of TNPPDL Act, dated 17.06.2019 on the file of the 2nd respondent to 1st respondent herein based on the petitioner's representation dated 13.09.2019 and to take necessary action within the time stipulated by this Court.

2. The learned counsel for the petitioner would submit that the petitioner's name has been implicated based on the confession of the 7th accused. He would submit that on the pressure of the second respondent police, the 7th accused has given a confession https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2104 of 2020 statement implicating the petitioner in this case and according to him, the petitioner is an innocent person and he has been falsely implicated in this case.

3. The learned Government Advocate (Criminal side) would submit that the case of the prosecution is that one Rambu was murdered by one Ravichandran and 19 named persons and others. During the course of investigation, A7-one Aandichamy @ Singupandi has given a confession statement that the petitioner is also involved in this murder case and the respondent police have been taking steps to arrest him and the petitioner is absconding.

4. In view of the above submission made by the learned Government Advocate (Criminal side), since the petitioner is an accused, a petition filed by the accused for transfer of investigation cannot be entertained. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL To

1. The Superintendent of Police(SP), Surveyor Colony, K.Pudur, Madurai.

2.The Inspector of Police, Keelavalavu Police Station, Melur Taluk, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.K.MALATHI, Advocate ( SR-5301[F] dated 07/02/2020 ) Crl.O.P.(MD) No.2104 of 2020 07.02.2020 KM(CO) TR(26.02.2020)2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2