Madras High CourtCRL OP(MD)/15206/2021disposed of

Sivarama Krishnan v. The Commissioner Of Police

2021-10-06Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.15206 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.15206 of 2021 Sivarama Krishnan ... Petitioner Vs.

1.The Commissioner of Police, Madurai Town, Madurai District.

2.The Inspector of Police, South Gate Police Station, Madurai Town.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent not to harass the petitioner and his family members under the guise of enquiry.

For Petitioner : Mr.N.Jeyaram Sidharth For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition is filed seeking a direction to the second respondent not to harass the petitioner and his family members under the guise of enquiry.

2.The learned counsel for the petitioner would submit that the petitioner has been arrayed as accused in Crime No.212 of 2019, for the offence punishable under Section 379 IPC. He moved Anticipatory Bail before this Court in Crl.OP(MD) No.16507 of 2019 and the same has been dismissed. The petitioner's brother one Ragurama Krishnan got married with one Ananthi and settled in life. He also lived in a separate house. Under the guise of enquiry, the family members of the petitioner have been harassed. 3.The learned Additional Public Prosecutor would submit that since Anticipatory bail filed by the petitioner has been dismissed and direction was issued to the concerned Investigating Officer to arrest the brother of the accused, enquiry has been made and except that no such harassment was made. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15206 of 2021 4.The accused being the brother of the petitioner, the petitioner must disclose the whereabouts of the said person to the investigating officer and co-operate with him. Without proper cooperation, it would not proper on the part of the petitioner to approach this Court, stating that harassment is made. Enquiry does not amount to harassment. If any trouble is made, the petitioner is at liberty to approach the concerned Forum through appropriate proceedings.

5.With the above said liberty and direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AE) // 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 Commissioner of Police, Madurai Town, Madurai District.

2.The Inspector of Police, South Gate Police Station, Madurai Town.

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

Crl.O.P.(MD)No.15206 of 2021 06.10.2021 RK (01/11/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2