Madras High CourtCRL OP(MD)/14537/2021disposed of

Sandhiyappan v. The Superintendent Of Police

2021-11-12Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.14537 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.14537 of 2021

1. Sandhiyappan

2. Anthony Raj ... Petitioners Vs.

1. The Superintendent of Police, O/o. The Superintendent of Police, Thoothukudi District, Thoothukudi.

2. The Inspector of Police, Alwar Thirunagar police station, Thoothukudi District.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct the second respondent to not to harass the petitioners and their family members and not to disturb them for living peacefully in their native village, namely, Nava Lakshmi Puram Village, Eral Taluk, Thoothukudi District. For Petitioners : Mr.M.S.Jeyakarthik For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

O R D E R

Heard the learned counsel on either side.

2. The petitioners' allegation is that the respondents are preventing the petitioners from returning to their native village.

3. It is stated that the petitioners are figuring as accused in Crime No.77 of 2019 registered on the file of Alwar Thirunagar police station. The first petitioner's brother's son was murdered and in the said criminal case, the petitioners are figuring as accused 2 and 6. Since the victim's family appears to be nurturing a motive against the petitioners, the police have advised the petitioners to stay away from the native village.

4. I wanted to know from the respondents as to whether in the bail order granted in favour of the petitioners, any condition has been stipulated that they should stay away from their native village. It is stated that no such condition has been imposed by the Court while granting bail to the petitioners. Since the https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.(MD)No.14537 of 2021 concerned Court did not choose to prevent the petitioners from entering their native place, it would not be open to the respondents to restrain the petitioners from doing so.

5. With these observations, this criminal original petition is disposed of.

Sd/- Assistant Registrar (Crl) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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, O/o. The Superintendent of Police, Thoothukudi District, Thoothukudi.

2. The Inspector of Police, Alwar Thirunagar police station, Thoothukudi District.

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

+1 CC to M/s.M.S. JEYAKARTHIK, Advocate ( SR-34363[F] dated 12/11/2021 ) Crl.O.P.(MD)No.14537 of 2021 12.11.2021 RK/SKN(22/11/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/