P.Jeyapaul, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.11271 of 2017 P.Jeyapaul ... Petitioner -VsState rep. By, The Inspector of Police, Eruwadi Police Station, Tirunelveli District.

... Respondent PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.K.Anbarasan, Government Advocate(Crl. Side).

O R D E R

This Criminal Original petition is filed for a direction to the respondent not to harass the petitioner under the guise of enquiry.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the respondent.

3. It is stated that the respondent police for some statistical reason, is insisting the petitioner to execute a bond under Section 110 of Cr.P.C.

4. Absolutely, there is no bonafides in this petition, especially having regard to the provisions under Sections 107, 110 and 111 Cr.P.C. It is only on the basis of the report, the Executive Magistrate can initiate action against the group of individuals by issuing Show Cause Notice against the persons concerned.

5. In this case, it is not the case of the petitioner that there is a group clash or any other incident which requires an action under Section 110 or Section 111 Cr.P.C. Hence, there is no scope for invoking the power under Sections 107, 110 and 111 Cr.P.C.

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6. In such circumstances, this Court does not find any reason to give any direction to the respondent, as the petitioner has come forward with the above petition which do not give raise to him any cause of action. Hence, the Criminal Original petition is dismissed.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To

1. The Inspector of Police, Eruwadi Police Station, Tirunelveli District.

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

Pmu MK/MR KKR/SAR-2/2P/3C/21.09.2017 CRL.O.P.(MD)No.11271 of 2017 28.08.2017 https://hcservices.ecourts.gov.in/hcservices/