Madras High CourtCRL OP(MD)/10068/2021disposed of

Raja@Kaleeswaran v. The Superintendent Of Police

2021-07-28Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.10068 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28/07/2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10068 of 2021 Raja @ Kaleeswaran ... Petitioner Vs.

1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to direct the second respondent not to harass the petitioner and his family members based on the enquiry. For Petitioner : Mr.S.Muniyandi For Respondents : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent not to harass the petitioner and his family members based on the enquiry 2.The case of the petitioner is that on 16.06.2021, a dispute arose between the petitioner and one Arumugam with regard to put up marriage flex board, thereafter, the petitioner and the other accused conspired together and they have attacked the said Arumugam, he sustained injuries. Therefore, the second respondent registered a case in Crime No.279 of 2021 for the offence under Sections 147, 148, 294(b), 323, 324, 307 and 427 of IPC. In the mean time, the petitioner has filed an anticipatory bail application before the learned Principal District Court, Sivagangai in Crl.M.P.No.1788 of 2021 and the same was allowed on 22.06.2021.

3.The learned counsel for the petitioner submitted that on the date of occurrence, the petitioner has also sustained injuries. He further submitted that the second respondent is frequently calling the petitioner for enquiry without issuing any notice. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10068 of 2021 4.The learned Additional Public Prosecutor submitted that except the investigation purpose, the petitioner was not called for any other purpose by the investigating officer. 5.The major offence under Section 307 of IPC has been made in the FIR, therefore, the petitioner's duty is to co-operate with the enquiry.

6.Considering the facts and circumstances of this case, this Court feels that the second respondent has not made any harassment under the guise of enquiry against the petitioner and this Court directs the petitioner to cooperate with the enquiry. With the above directions, this Criminal Original Petition is disposed of .

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) tta 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 Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

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

Crl.O.P.(MD)No.10068 of 2021 28.07.2021 ES(CO) LR (06.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2