← Library
Madras High CourtWP(MD)/20994/2021disposed of

Tamilzhazhagan v. The Director General Of Police

2021-11-25Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Tamilzhazhagan ... Petitioner Vs.

1.The Director General of Police, Tamil Nadu State Police, Chennai.

2.The Inspector General of Police, South Zone, Race Course Road, Chinna Chokkikulam, Madurai - 2.

3.The Superintendent of Police, Dindigul District, Dindigul.

4.The Deputy Superintendent of Police, Nilakottai Sub Division, Dindigul District.

5.The Inspector of Police, Pattiveeranpatti police station, Dindigul District.

6.Chinnappan, The Sub Inspector of Police, Pattiveeranpatti police station, Dindigul District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing respondents 4 to 6 from harassing the petitioner and his family members by compelling him to execute bond under Section 110 of Cr.P.C. without following due process of law and consequently direct respondents 1 to 3 to take necessary action on the basis of the petitioner's representation dated 20.11.2021.

For Petitioner : Mr.R.Pon Karthikeyan For R-1 to R-5 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

* * * 1/3

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for respondents 1 to 5.

2. This criminal original petition has been filed for forbearing respondents 4 to 6 herein from compelling the petitioner to execute bond under Section 110 of Cr.P.C.

3. The petitioner has given representation dated 20.11.2021.

4. It is too well settled that a person can be called upon to execute bond only after following due process of law. As on date no such notice has been issued.

5. The learned Additional Public Prosecutor clarifies that since the petitioner was already involved in an NDPS case, the local police has made only a formal enquiry and that they have no intention to harass the petitioner.

6. Recording the said submission, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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 Director General of Police, Tamil Nadu State Police, Chennai.

2.The Inspector General of Police, South Zone, Race Course Road, Chinna Chokkikulam, Madurai - 2.

3.The Superintendent of Police, Dindigul District, Dindigul.

2/3

4.The Deputy Superintendent of Police, Nilakottai Sub Division, Dindigul District.

5.The Inspector of Police, Pattiveeranpatti police station, Dindigul District.

6.The Sub Inspector of Police, Pattiveeranpatti police station, Dindigul District.

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

25.11.2021 TSK(CO) GC(08.12.2021) 3P 8C 3/3