Madras High CourtCRL OP(MD)/18323/2015disposed of

V.Anandan v. The Superintendent Of Police

2015-09-23Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2015

CORAM

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD)No.18323 of 2015 V.Anandan : Petitioner

Versus

1.The Superintendent of Police, O/o.The Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Sakkottai Police Station, Sivagangai District.

: Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the second respondent not to harass the petitioner under the guise of enquiry and pass such further or other orders as this Court may deem fit and proper in the above circumstances.

For Petitioner : Mr.R.Venkatesan For Respondents : Mr.P.Kannithevan Government Advocate (Crl. Side) ********

O R D E R

Heard both sides.

2. The learned counsel for the petitioner would submit that the second respondent is harassing the petitioner under the guise of enquiry and hence, the petitioner has come forward with this petition for the above stated relief.

3. The learned Government Advocate (Criminal side), on instructions, would submit that the petitioner is the accused in Crime No.283 of 2015 for the offences under Sections 147, 294(b), 506(ii) IPC. He would further submit that the petitioner has obtained anticipatory bail and he has not produced sureties. He further submitted that another case in Crime No.168 of 2015 for the offences under Section 147, 294(b), 506(i) IPC was registered against the petitioner and the same is pending and however, there is no harassment made against the petitioner.

4. Considering the rival submissions made on both sides, it is seen that the case in Crime No.283 of 2015 on the file of the respondent police and the case in Crime NO.168 of 2015 on the file of Sivagangai Town Police Station. The second respondent is directed not to harass the petitioner under the guise of enquiry, but let the police investigate https://hcservices.ecourts.gov.in/hcservices/

into the matter in accordance with law and the mandates as found set out in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. If really, the police want to interrogate, it is open for the police to issue summons to the petitioner. Thereupon, the petitioner shall appear before the police and submit himself for interrogation.

5. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar ses To 1.The Superintendent of Police, O/o.The Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Sakkottai Police Station, Sivagangai District.

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

+1CC to Mr.Pight Law Associates SR.No.50053 GJM/GSV/PM/1.10.15-2P-5C Order made in Crl.O.P.(MD)No.18323 of 2015 Dated:23.09.2015 https://hcservices.ecourts.gov.in/hcservices/