Madras High CourtCRL OP(MD)/6222/2020disposed of

S. Ganesan v. The Commissioner Of Police

2020-06-15Honourable Mr Justice B.Pugalendhi2 pages

Crl.O.P.(MD)No.6222 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P(MD)No.6222 of 2020 S.Ganesan

...Petitioner

Vs 1.The Commissioner of Police, Tirunelveli Town, Tirunelveli.

2.The Inspector of Police, Pettai Police Station, Pettai, Tirunelveli District.

3.R.Mery Selvam 4.R.Peratchiselvi

...Respondents

PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent not to harass the petitioner in the guise of enquiry on the basis of the petitioner's representation dated 09.06.2020.

For Petitioner : Mr.L.Arunraj For R1 & R2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed seeking for a direction to the second respondent not to harass the petitioner in the guise of enquiry.

2.According to the petitioner, he is the Vice President of the State Agila Bharatha Hindu Maha Sabha and he is helping homeless, poor families in and around his locality in the allotment of the Innam Patta lands in Tirunelveli District. He stood as a coordinator with the District Administration for allotment of free house sites patta to the poor families in Tirunelveli Town. In the said allotment, there is some dispute between the third respondent and his neighbours and on account of this, the petitioner is unnecessarily called by the respondent police and was harassed. 3.The learned Additional Public Prosecutor, on instructions, submits that on the complaint of the third respondent, Mery Selvam, a case in Crime No.557 of 2020 was registered on the file of the Pettai Police Station on 11.06.2020 for the offences punishable https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6222 of 2020 under Sections 447 and 427 of IPC, in which, the petitioner is not shown as an accused as on date. However, the petitioner is the coordinator in the said allotment of pattas and therefore, he was summoned by the police for the purpose of investigation. But the petitioner failed to appear before the respondent and has filed this petition.

4.The learned counsel appearing for the petitioner submits that on the apprehension of arrest, he did not appear before the respondent for the investigation and since the learned Additional Public Prosecutor mentioned that he is not arrayed as an accused as on date, the learned counsel undertakes that the petitioner will appear before the respondent police and co-operate with the investigation in Crime No.557 of 2020.

5.On the undertaking made by the learned counsel for the petitioner that the petitioner will appear and co-operate for the investigation in Crime No.557 of 2020, this Criminal Original Petition is disposed of with a direction to the respondent Police not to harass him unnecessarily.

Sd/- Assistant Registrar (crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi/vs To 1.The Commissioner of Police, Tirunelveli Town, Tirunelveli.

2.The Inspector of Police, Pettai Police Station, Pettai, Tirunelveli District.

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

Crl.O.P(MD)No.6222 of 2020 15.06.2020 KB(22.06.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2