V.Vignesh v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI V.Vignesh ... Petitioner Vs.

1. The Commissioner of Police Madurai City, Madurai.

2. The Inspector of Police Thirupparankundram Police Station (Crime), Madurai District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Respondent No.1 and 2 to not to harass the petitioner and his family members in the guise of enquiry without following the due process of law.

For Petitioner : Mr.M.Deepakkumar For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

The petitioner has filed this Petition to direct the respondents not to harass her under the guise of an enquiry.

2. The learned counsel for the petitioner submits that he found a chain in Saravanapoigai, Thirupparankundram and handed over the same to 1/4

the respondent police. However, the respondent police has found fault with him and also harassed him. Therefore, the petitioner has filed an application before this Court in Crl.O.P.(MD)No.8865 of 2024, seeking anticipatory bail. The respondent police has reported before this Court that the petitioner is not an accused and there is no case or pending enquiry pending against him. Recording the said submission, this Court also closed the anticipatory bail application filed by the petitioner. Thereafter, the respondent police again harassed the petitioner. Hence, he has filed this application.

3. The learned Additional Public Prosecutor submits that a case has been registered as against the petitioner in Crime No.298 of 2024, for the offence punishable under Section 379 I.P.C. According to the learned Additional Public Prosecutor, for the occurrence said to have taken place on 15.06.2024, based on the C.C.T.V footage, the case has been registered. However, the respondent police has informed before this Court on 18.06.2024 as if there is no case pending as against the petitioner. If the C.C.T.V footage is recovered on 15.06.2024 as claimed by them, it is not known how the respondent police found that the petitioner is wanted accused in Crime No.298 of 2024, and they have misrepresented before this Court, that there is no case against the petitioner. 2/4

Therefore, this Criminal Original Petition is allowed. The respondent police is directed not to harass the petitioner. The petitioner is at liberty to file an application for anticipatory bail.

Index : Yes/No 21.06.2024 NCC : Yes/No LS To

1. The Commissioner of Police Madurai City, Madurai.

2. The Inspector of Police Thirupparankundram Police Station (Crime), Madurai District.

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

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B.PUGALENDHI,J LS Order made in 21.06.2024 4/4