B. Anbalagan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.12099 of 2025 B. Anbalagan ... Petitioner Vs 1.The State of Tamil Nadu, Rep. by Its, the Commissioner of Police, Madurai City, Madurai District.

2.The State of Tamil Nadu, Rep. by Its, the Inspector of Police, City Crime Branch, Madurai Unit-I, Viswanathapuram, Madurai-14.

3.S.Muruganandam

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the 2nd Respondent, not to harass the Petitioner and pass such further other orders as this Court may deem fit and proper in light of the Judgment passed in Govindaraj-Vs-Inspector of Police,Sivakasi dt. 18.07.2024, in Crl.OP(MD) No.10157 of 2024.

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For Petitioner : Mr.S.Venkatasubramaniyan, For R1 & R2 : Mr.P.Kottaichamy Government Advocate (Crl.side) For R3 : Mr.V.Chandrapandi

O R D E R

The petitioner has filed this petition that the respondent police is harassing him, under the guise of an enquiry. 2.Mr.P.Kottaichamy, learned Government Advocate (Crl.side), who takes notice for the respondents 1 & 2 submits that on the complaint of the third respondent, they are conducting current paper enquiry in C.No.183/Cmp-PG/COP MC/2025, 36/AC.CCB/COPPG/MC/2025 and C.No.72/ins/CCB Unit-1/COP-PG/MC/2025, dated 19.06.2025, which reveals that there is a money dispute between the petitioner and the third respondent. This petitioner has given an undertaking in Cr.MP.No. 4071 of 2024, before the Principal District and Sessions Court, Coimbatore and has failed to return the money, as undertook by him. Therefore, the third respondent has lodged a complaint, based on which, they are conducting current paper enquiry. 2/6

The learned Government Advocate further submits that the petitioner is a habitual offender involved in several cases to his credit. Even in this case, the petitioner has cheated the third respondent, for which, a criminal case has been registered as against this petitioner in Crime No. 163 of 2024, on the file of M5 Vadavalli Police Station. The petitioner has filed an application, seeking bail in Crime No.163 of 2024 by giving an undertaking and failed to repay the amount. 3.The learned counsel for the third respondent has also sailed with the submissions of the learned Government Advocate (Crl.side).

4.This Court considered the rival submissions made and also perused the materials placed on record.

5.The respondent police is conducting an enquiry in a current paper, based on the complaint of the third respondent. The nature of the complaint is that the petitioner having agreed to return the money, has obtained an order of bail in Cr.MP.No. 4071 of 2024, in 3/6

Crime No.163 of 2024 and failed to return the money. In the event, if the petitioner failed to return the money, the third respondent has to file necessary application before the Principal District and Sessions Court, Coimbatore to cancel the bail granted to the petitioner in Cr.MP.No. 4071 of 2024. The respondent police has nothing to do with his complaint.

6.In view of the above, this Criminal Original Petition is allowed and the respondent police is directed not to harass the petitioner. It is open to the third respondent to file an application to cancel the bail granted to this petitioner in Cr.MP.No. 4071 of 2024, dated 04.12.2024, by the learned District and Sessions Judge, Coimbatore.

23.07.2025 NCC : Yes/No Index : Yes/No vrn 4/6

To 1.The Commissioner of Police, Madurai City, Madurai District.

2.The Inspector of Police, City Crime Branch, Madurai Unit-I, Viswanathapuram, Madurai-14.

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B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.12099 of 2025 23.07.2025 6/6