P.Poomalai v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2018
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD]No.20771 of 2018 P.Poomalai .. Petitioner/Sole Accused vs.
1.The Deputy Superintendent of Police, Jeeyapuram Circle, Trichy District.
2.The Inspector of Police, Manachanallur Police Station, Trichy District.
... Respondents 1 & 2/ Complainants 3.Sundaram, S/o.Muniyandi ... 3rd Respondent/ De-facto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the first respondent to instruct the second respondent herein not to harass the petitioner, by considering the petitioner's representation dated 19.11.2018. For Petitioner : Mr.B.Santhanam Rajeshkumar For R1 & R2 : Mr.R.Anandharaj Additional Public Prosecutor
ORDER
The Criminal Original Petition has been filed seeking a direction to the first respondent herein to instruct the second respondent not to harass the petitioner, by considering his representation dated 19.11.2018.
2.The learned counsel for the petitioner would submit that the petitioner is arrayed as an accused in Crime No.242 of 2018 registered by the second respondent police for the offences punishable under Sections 294(b), 324 and 506 (ii) IPC r/w. Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015. He would further submit that this Court by order dated 02.11.2018 had granted an order directing the petitioner to surrender before the Trial Court within a period of two weeks from the date of receipt of a copy of that order. However, the petitioner has not received the https://hcservices.ecourts.gov.in/hcservices/
copy of the said order till now. In the meanwhile, the second respondent is troubling the petitioner.
3.The learned Additional Public Prosecutor would submit that the petitioner is an accused in Crime No.242 of 2018 and that this Court has not granted anticipatory bail to him. However, on 02.11.2018, a direction has been issued to the petitioner to surrender before the concerned Court within a period of two weeks from the date of receipt of a copy of that order and despite the same, he has not surrendered before the Trial Court. 4.It is seen from the records, the order copy is not ready. At this juncture, the learned Additional Public Prosecutor would submit that he will give suitable instruction to the concerned respondent not to call the petitioner for enquiry. Registry is also directed to issue a copy of the order dated 02.11.2018, passed in Crl.O.P. (MD)No.19417 of 2018, forthwith.
5.With the above direction, this Criminal Original Petition is closed.
Sd/- Assistant Registrar(WRITS) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Deputy Superintendent of Police, Jeeyapuram Circle, Trichy District.
2.The Inspector of Police, Manachanallur Police Station, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy To:
1.The Sub Assistant Registrar,(CO Draft) CO Section, Madurai Bench of Madras High Court, Madurai.
2.The Section Officer, Current Section, Madurai Bench of Madras High Court, Madurai. + 1 CC TO Mr.S.SATHYA CHIDAMBARAM , ADVOCATE IN SR No.97120. SMN2 DS SKN SAR1 24 12 2018 2P 7C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.[MD]No.20771 of 2018 23.11.2018