Madras High CourtCRL OP(MD)/10555/2021disposed of

Balamurugan v. The Superintendent Of Police

2021-08-04Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Balamurugan ... Petitioner Vs.

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

2.The Deputy Superintendant of Police, Srivilliputhur, Virudhunagar District.

3.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

4.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

... Respondents.

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the fourth respondent not to harass the petitioner in the name of enquiry/investigation and act in accordance with law.

For Petitioner : Mr.M.Jothibasu For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This petition is filed to direct the fourth respondent not to harass the petitioner under the guise of enquiry. 2.The case of the petitioner is that he is an income tax assessee doing business in the name and style of "M/s.Muthumariamman Transport"at Sivakasi. A case in Crime No.409 of 2017 was registered against the petitioner. The petitioner is having two other criminal cases in S.C.No.106 of 2021 before the Principal Sessions Court, Virudhunagar District and S.C.No.67 of 2020 before the same Court and he is appearing before the Court regularly. In the meantime, History Sheet was opened in his name in H.S.No.245 of 2019. As per the order of RDO, Sivakasi, he has executed a bond to maintain a 1/3

peace for one year. It is stated that the respondent police is taking steps to foist false case against the petitioner with an intention to detain him under Detention Laws. Hence, this petition. 3.When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that the petitioner is involved in four criminal cases and History Sheet also opened in his name. Only on that ground surveillance was made upon the petitioner and his activities are under watch. There is no proposal to detain the petitioner under Goondas Act. New police officer has taken charge in the Sivakasi Police Station and on that ground enquiry was made. Except that there is no such harassment as alleged by the petitioner.

4.Recording the aforesaid submission of the learned Additional Public Prosecutor, nothing survives for further direction or consideration in this petition. Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendant of Police, Srivilliputhur, Virudhunagar District.

3.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

4.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

2/3

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

+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-25158[F] dated 04/08/2021 04.08.2021 LS(CO) KB(11.08.2021) 3P C 3/3