Madras High CourtCRL OP(MD)/14937/2021disposed of

S.Vairamuthu v. The District Collector

2021-10-04Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN S.Vairamuthu ... Petitioner Vs.

1.The District Collector, Office of the District Collector, 2.The Superintendent of Police, Office of the Superintendent of Police, 3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Sivakasi Taluk, 4.The Inspector of Police, Srivilliputhur Town Police Station,

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the third and fourth respondents not to harass the petitioner by way of compelling him to execute bond without following mandatory procedure under Chapter VIII of the Criminal Procedure Code.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition is filed seeking direction to the third and fourth respondents not to harass the petitioner by way of compelling him to execute bond without following mandatory procedure. 2.When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that the petitioner is involved in two previous cases and recommendation has been sent to 1/3

the competent authority to initiate proceedings under Section 110 Cr.P.C. Only for that purpose, they made enquiry. Except that there is no harassment.

3.However, the learned counsel appearing for the petitioner would submit that without following the procedure as contemplated in the above said provision, he has been harassed. 4.Considering the submission made by the learned counsel appearing for the petitioner, there shall be a direction to the respondents to initiate enquiry as per the procedure laid down in the aforesaid provision. The petitioner has to either challenge the same or face the same as per law.

5.Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of, with the above said liberty and directions.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 District Collector, Office of the District Collector, 2.The Superintendent of Police, Office of the Superintendent of Police, 3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Sivakasi Taluk, 2/3

4.The Inspector of Police, Srivilliputhur Town Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

04.10.2021 RD(22.10.2021) 3P 6C 3/3