Vivek @ Vivekanandan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Vivek @ Vivekanandan

...Petitioner

Vs.

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

2.The Inspector of Police, Ganesh Nagar Police Station, Pudukottai, Pudukottai District.

3.The Inspector of Police, Town Police Station, Pudukottai, Pudukottai District. ...Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Respondents No 2 and 3 and their officials not to harass the petitioner and his family members unnecessarily aginst law under the guise of enquiry on the basis of the petitioner's representation dated 27/01/2023 to the 1st Respondent. 1/4

For Petitioner : Mr.G.Mathavan For R1 and R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the Respondents No 2 and 3 and their officials not to harass the petitioner and his family members unnecessarily aginst law under the guise of enquiry on the basis of the petitioner's representation dated 27/01/2023 to the 1st Respondent.

2. The learned Government Advocate (Crl. Side) would submit that the petitioner is facing several cases and a history sheet is also maintained against the petitioner in H.S.No.259 of 2014 before the Ganesh Nagar Police Station, Pudukkottai and still it has been retained. It is further submitted that the petitioner appeared before the competent authority and executed bond in M.C.No.172 of 2022 for the period of 14.10.2022 to 13.10.2023. The bond period is not over. Only the enquiry has been undertaken about the movement of the petitioner, except that no harassment is made to the petitioner.

2/4

3. The learned counsel for the petitioner would submit that the petitioner has no objection to make the enquiry. But continuous harassment is made to the petitioner regarding whereabouts and as well as the movement of the petitioner under the guise of surveillance. Further, he submitted all the accused have been acquitted in the criminal case.

4. Since the history sheet is maintained against the petitioner and bond period is not yet over, the petitioner will be kept in continuous surveillance by the second repsondent. There is no question of harassment here. According to the learned counsel for the petitioner, all the accused have been acquitted in criminal case. If it is so, the petitioner can workout his remedy through appropriate proceedings.

5. With the above said liberty, this Criminal Original Petition is disposed of.

29.03.2023 NCC :

Yes / No Index :

Yes / No 3/4

Internet :

Yes / No Indu G.ILANGOVAN ,J.

Indu To 1.The Superintendent of Police, O/o.Superintendent of Police, Pudukottai District, Pudukottai.

2.The Inspector of Police, Ganesh Nagar Police Station, Pudukottai, Pudukottai District.

3.The Inspector of Police, Town Police Station, Pudukottai, Pudukottai District.

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

Order made in Dated: 29.03.2023 4/4