Madras High CourtCRL OP(MD)/9049/2021disposed of

Rajamaideen v. The Commissioner Of Police

2021-07-09Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.9049 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9049 of 2021 Rajamaideen ... Petitioner Vs.

1. The State Represented through The Commissioner of Police, O/o. Commissioner of Police, Madurai City, Madurai District - 625 002.

2. The Inspector of Police, S.S.Colony Police Station, Madurai City, Madurai District.

3. Mrs.Flower Sheela Inspector of Police, S.S.Colony Police Station, Madurai City, Madurai District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent Nos.2 and 3 not to harass the petitioner and his family members under the guise of enquiry. For Petitioner : Mr.R.Karunanithi For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition is filed seeking a direction to the second and third respondents not to harass the petitioner under the guise of initiation of proceedings under Section 110 Cr.P.C.

2. The case of the petitioner is that he is arrayed as accused in Crime No.153 of 2021 for the offences under Sections 302 r/w. 34 IPC and he was released on bail on 04.03.2021 and soon after that, the second respondent is insisting upon him to execute a bond under Sections 107 and 110 Cr.P.C. without properly initiating proceedings.

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Crl.O.P.(MD)No.9049 of 2021

3. The learned Additional Public Prosecutor submits that since the petitioner is involved in murder case, he came out on bail on 04.03.2021 and because of the occurrence, tension is prevailing in that area and only on that ground, proceedings under Section 110 Cr.P.C. is proposed to be initiated and when the summons were about to be issued, the petitioner has approached this Court by way of filing this petition.

4. Since the proceedings under Section 110 Cr.P.C. is initiated against the petitioner, he has to face the same as per the law. Therefore, the question of harassment does not arise. Liberty is always available to the petitioner to work out his remedy as per law.

5. Accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy 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 State Represented through The Commissioner of Police, O/o. Commissioner of Police, Madurai City, Madurai District - 625 002.

2.The Inspector of Police, S.S.Colony Police Station, Madurai City, Madurai District.

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

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