Madras High CourtCRL OP(MD)/5542/2019dismissed

V.C.Murugan v. The Superintendent Of Police

2019-04-12Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI Crl.O.P.No.5542 of 2019 V.C.Murugan .. Petitioner Vs

1. The Superintendent of Police, Office of the Superintendent of Police,Dindigul District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Palani, Dindigul District.

3. The Inspector of Police, Eriodu Police Station, Dindigul District. .. Respondents Prayer:Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents for not to harass and compel the petitioner to execute bond without following mandatory procedure under Chapter VIII of the Criminal Procedure Code. For Petitioner : Mr.R.Alaglumani For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the respondents not to harass and compel the petitioner to execute bond without following mandatory procedure under Chapter VIII of the Criminal Procedure Code.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents and perused the materials placed on record.

3. When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) would submit that this petitioner is directed to execute the bond under Section 110 of Cr.P.C and the mandatory procedure will be followed.

4. Under such circumstance, once the authority initiate of the proceedings as per the code, the question of 'not to harass' will not arise, because the expression 'harassment' is so subjective that it cannot be encapsulated in an objective https://hcservices.ecourts.gov.in/hcservices/

criterion. This Court has dealt with this aspect at length and passed a detailed order in the case of Dorand and others Vs the Superintendent of Police, Nagercoil, Kanyakumari District and another in Crl.O.P(MD)No.1727 of 2016 decided on 01.02.2016.

5. Hence, this petition is dismissed.

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

1. The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Palani, Dindigul District.

3. The Inspector of Police, Eriodu Police Station, Dindigul District.

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

+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-60928[F] dated 12/04/2019 ) DSS Crl.O.P.No.5542 of 2019 12.04.2019 KM/(06.05.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/