Madras High CourtCRL OP(MD)/13321/2024disposed of

David @ Maria David Raj v. The Inspector Of Police

2024-08-14Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR David @ Maria David Raj ... Petitioner Vs.

1.State of Tamil Nadu, represented by Inspector of Police, Karungal Police Station, Kanyakumari District.

2.Wilson ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondent police not to harass the petitioner and his family. For Petitioner : Mr.S.Titus For R1 : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the respondent police not to harass 1/4

the petitioner and his family members.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the first respondent would submit that on the basis of the complaint given by the second respondent, FIR came to be registered against the petitioner and some other in Crime No.180 of 2024 for the offences under Sections 448, 294(b), 342, 324, 506(2) and 379 (NP) IPC altered into Sections 448, 294(b), 342, 324 and 506(2) IPC and that investigation is pending.

3. The learned counsel appearing for the petitioner would submit that in the above said case, the petitioner has applied for anticipatory bail before this Court in Crl.O.P.(MD)No.11642 of 2024 and this Court has granted anticipatory bail on 26.07.2024 and in pursuance of the said order, the petitioner surrendered before the concerned Court and was released on bail. He would further submit that the first respondent under the guise of pendency of FIR, has been harassing the petitioner continuously.

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4. Since the petitioner has already surrendered and got bail from the jurisdictional Court, the first respondent is directed not to harass the petitioner and thereby directed to proceed with the investigation.

5. With the above direction, this Criminal Original Petition stands disposed of.

14.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Inspector of Police, Karungal Police Station, Kanyakumari District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 14.08.2024 4/4