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Madras High CourtCRL OP(MD)/3983/2021dismissed

Kalimuthu v. The Commissioner Of Police

2021-03-16Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.3983 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2021

CORAM:

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA Crl.O.P.(MD)No.3983 of 2021 Kalimuthu

...Petitioner

/Vs./ 1.The Commissioner of Police, Madurai City, Madurai.

2.The Deputy Commissioner of Police, Law and Order, Madurai City, Madurai.

3.The Inspector of Police, Jaihindpuram Police Station, Madurai.

...Respondents

PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents not to harass the petitioner to furnish sureties or execute bonds in the proceedings initiated by the second respondent under Section 110 of the Code of Criminal Procedure.

For Petitioner : Mr.V.A.Dhana Aravindha Balaji For Respondents : Mr.A.Robinson Government Advocate (Criminal Side)

ORDER

The present petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure seeking for a direction to the respondents not to harass the petitioner by insisting him to furnish sureties or execute bonds in the proceedings initiated by the second respondent under Section 110 of the Code of Criminal Procedure.

2.Mr.A.Robinson, learned Government Advocate (Criminal side), who accepts notice on behalf of the respondents, on instructions, would contend that the Inspector of Police, Jaihindpuram Police Station, Madurai, laid a report before the jurisdictional Executive Magistrate, who in turn, initiated proceedings under Section 110 of the Code of Criminal Procedure against the present petitioner. Since the Executive Magistrate followed all legal formalities before issuing show cause notice under Section 110 of the Code of Criminal Procedure, I do not find any reason to set aside the orders passed by the Executive Magistrate. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3983 of 2021 3.In view of the same, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) sm 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 Commissioner of Police, Madurai City, Madurai.

2.The Deputy Commissioner of Police, Law and Order, Madurai City, Madurai.

3.The Inspector of Police, Jaihindpuram Police Station, Madurai.

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

+1 CC to M/s.DHANA LAW ASSOCIATES, Advocate ( SR-11773[F] dated 17/03/2021 ) Order made in Crl.O.P.(MD)No.3983 of 2021 Dated:16.03.2021 NA(CO) TR(24.04.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2