Madras High CourtCRL OP(MD)/11162/2020disposed of

Solaiappan v. The Superintendent Of Police

2020-10-12Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.11162 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.11162 of 2020 Solaiappan ... Petitioner -Vs1. The Superintendent of Police, Virudhunagar, Virudhunagar District.

2. The Sub Inspector of Police, Paralachi Police Station, Virudhunagar District.

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent police not to harass the petitioner for executing a bond under Sections 109 and 110 Cr.P.C. For Petitioner : Mr.G.Mariappan For Respondents : Ms.S.E.Veronica Vincent, Government Advocate.

ORDER

Heard the learned counsel on either side.

2.The grievance of the petitioner is that the second respondent has registered Crime No.114 of 2019 against him and is compelling him to execute a bond.

3.Though the learned Government Advocate (crl.side) has pointed out that in view of the decision made in Crl.O.P.No.17684 of 2015, an FIR can be registered for this purpose, it is only the jurisdictional executive magistrate, who can take further action in the matter as per law. It is not for the respondents to coerce the petitioner into executing a bond.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.11162 of 2020 4.With this clarification, this Criminal Original Petition is disposed of.

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

2. The Sub Inspector of Police, Paralachi Police Station, Virudhunagar District.

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

Crl.O.P.(MD)No.11162 of 2020 12.10.2020 Skm AE (18/01/2021) 2P / 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2