Madras High CourtCRL OP(MD)/15100/2021disposed of

Satheesh Kumar v. The Inspector Of Police

2021-10-05Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No15100 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.15100 of 2021 Satheeshkumar ... Petitioner Vs.

The Inspector of police, Sempatti Police Station, Dindigul District ... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent not to harass the petitioner in the guise of enquiry and not to force him to execute bond u/s.110 of Cr.P.C., 1973 without following due process of law. For Petitioner : Mr.A.Karthick Kumar For Respondent : Mr.R.M.S.Sethuraman Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the respondent not to harass the petitioner in the guise of enquiry and not to force him to execute bond u/s.110 of Cr.P.C., 1973 without following due process of law.

2.The case of the petitioner is that the petitioner is facing trial in S.C.No.77 of 2019 and now it is pending before the II Additional District and Sessions Court, Dindigul. The petitioner is arrayed as 5th accused in the above said case. Apart from the above said case no other case is pending. It appears that LIR.No.66 of 2021 has been registered against this petitioner and the respondent herein is harassing the petitioner to execute a bond under Section 110 Cr.P.C. The grievance of the petitioner is that if any proper action is initiated, notice has to be issued to the petitioner. Without any such process, they are harassing the petitioner.

3.The Additional Public Prosecutor submitted that since the petitioner is history sheeted in HS.No.634 of 2021, proceedings under Section 110 Cr.P.C. has been initiated on 24.09.2021. He has also undertook to follow the procedure contemplated in the above said Act.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No15100 of 2021 4.Recording the submission of the learned Additional Public Prosecutor, this court is inclined to dispose of the petition. If any notice has been issued to the petitioner, he has to work out his remedy through proper proceedings and challenge the same in the manner known to law.

5.Accordingly, this criminal original petition is disposed of with the above directions.

Sd/- Assistant Registrar (Crl) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Inspector of police, Sempatti Police Station, Dindigul District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.A.KARTHICK KUMAR, Advocate ( SR-31231[F] dated 05/10/2021 ) Crl.O.P.(MD)No.15100 of 2021 05.10.2021 RK (21/10/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2