Madras High CourtWP(MD)/14737/2021disposed of

Balakrishnan v. The Superintendent Of Police

2021-08-18Honourable Mr Justice G.Ilangovan2 pages

W.P.(MD) No.14737 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18/08/2021

CORAM:

THE HONOURABLE MRJUSTICE G.ILANGOVAN W.P.(MD) No.14737 of 2021 Balakrishnan ... Petitioner Vs.

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

2.The State represented by the Inspector of Police, Kalakkad Police Station, Tirunelveli District (Crime No.292 of 2021) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the first respondent police to consider the petitioner's representation dated 15.07.2021 and also forbearing the second respondent police from interfering with the business of the petiitoner's two wheeler workshop running at Kalkkad to Cheranmahadevi Road, Kalakkad, Tirunelveli Distric and also restrain the second respondent police from harassing and threatening the petitioner. For Petitioner : Mr.V.Sukumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This writ petitioner is filed seeking a direction to the first respondent not to harass the petitioner under the guise of enquiry.

2. The learned counsel for the petitioner would submit that the petitioner is the accused in Crime No.292 of 2021 which was registered by the second respondent for the offences punishable under Sections 294(b), 323, 506(ii) IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act. He would submit that the petitioner moved anticipatory bail application before this Court in Crl.O.P(MD)No.8771 of 2021 and it was allowed and he surrendered before the concerned court and got himself released on bail. Later he filed a modification petition also. At that time, the second respondent police came to his shop, threatened and locked his shop on 09.07.2021.

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W.P.(MD) No.14737 of 2021

3. But however, the learned Additional Public Prosecutor would submit no such occurrence took place and no harassment is made to the petitioner also.

4. However there is specific allegation against the second respondent regarding locking of his shop. This disputed fact cannot be gone into in this writ petition. The petitioner is directed to approach the first respondent with regard to the specific allegation. Except this allegation, there is no harassment on the side of the second respondent police.

5. Granting the above said liberty, this petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) CM To, 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Kalakkad Police Station, Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.V.SUKUMAR, Advocate ( SR-26720[F] dated 19/08/2021 ) W.P.(MD) No.14737 of 2021 18.08.2021 RK (01.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2