Madras High CourtCRL OP(MD)/13043/2023disposed of

K.Packiamani v. The Superintendent Of Police

2023-07-20Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.13043 of 2023 K.Packiamani ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Tahsildar/Executive Magistrate-II, Agastheeswaram, Kanyakumari District.

3.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Kanyakumari.

4.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 3 and 4 not to harass the petitioner by compelling him to execute the bond under Section 110 Cr.P.C. 1/5

For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) O RDER This Criminal Original Petition is filed seeking for a direction to the respondents 3 and 4 Police not to harass the petitioner in respect of asking him to execute the bond under Section 110 Cr.P.C.

2. It is submitted by the learned counsel appearing for the petitioner that the Revenue Officials have issued the proceedings under Section 110 Cr.P.C on 13.03.2023. The petitioner has filed Crl.O.P(MD).No.6184 of 2023 and the same is heard by this Court. At this juncture, when the matter is under consideration of this Court, the respondents are stated to have been harassing the petitioner to execute the bond which is under challenge.

3. The learned Government Advocate (criminal side), appearing for the respondents Police, on the other hand, submits that the respondents Police are not aware of the fact that the petitioner has filed Crl.O.P(MD).No.6184 of 2023 in respect of the summons issued under Section 110 Cr.P.C. It is also submitted that in case the petitioner appears 2/5

before the respondents Police and gives in writing about the details of the said Criminal Original Petition, the respondents Police will close the issue.

4. The petitioner has filed a copy of the representation sent to the respondents Police and to the Revenue Officials stating that the summon issued under Section 110 Cr.P.C to the petitioner are under challenge in Crl.O.P(MD).No.6184 of 2023, thereby, requested not to insist for execution of a bond. The respondents Police are hereby directed not to insist the petitioner to execute the bond under Section 110 Cr.P.C, until Crl.O.P(MD).No.6184 of 2023 is disposed of.

5. With this direction, this Criminal Original Petition is disposed of.

Index : Yes/No 20.07.2023 Internet : Yes/No ssb 3/5

To 1.The Superintendent of Police, Office of the Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Tahsildar/Executive Magistrate-II, Agastheeswaram, Kanyakumari District.

3.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Kanyakumari.

4.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

DR.D.NAGARJUN. J.

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