Backiyaraj v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Bakkiyaraj ... Petitioner Vs.

State represented by its 1.The Superintendent of Police, Karur, Karur District.

2.The Inspector of Police, Mayanur Police Station, Karur District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd Respondent not to harass the Petitioner under guise of enquiry and to pass further orders based on his representation dated 16.08.2023. For Petitioner :Mr.M.Raja Ravi Varma For Respondents :Mr.B.Thanga Aravindh Government Advocate (crl.side) 1/5

O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the respondent police not to harass the petitioner by considering the petitioner's representation dated 16.08.2023. 2.It is submitted by the learned counsel for the petitioner that there are cases pending against the petitioner, in which the petitioner has taken pre-arrest bail and has been attending the Court regularly without any default and in spite of that, the respondent police have been harassing the petitioner regularly and therefore sought for suitable directions. It is submitted further that the respondent police warned the petitioner that in case if he fails to execute a bond under 111 Cr.P.C., warrant will be issued against him by the Executive Magistrate. 3.The learned Government Advocate (Crl.

side) while denying the allegations mentioned in the petition by the petitioner that the police have demanded the petitioner to execute the bond has submitted that the petitioner is not aware as to in which case the petitioner has taken pre-arrest bail, as there are 6 cases pending against the petitioner.

information or intelligence that the petitioner is in possession of prohibited tobacco items and thereby, he has been called for enquiry and without cooperating for the investigation he has filed this petition. 4.Since it is submitted by the learned Government Advocate (Crl.side) that there are criminal cases pending against the petitioner and the respondent police are suspecting that the petitioner has been selling the contraband goods, the police are at liberty to proceed with the enquiry and directed to scrupulously follow the procedure while calling the petitioner, in case if his presence is required in any criminal case.

5.With the above directions, this Petition is disposed of. Speaking : Yes / No 01.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Superintendent of Police, Karur, Karur District.

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2.The Inspector of Police, Mayanur Police Station, Karur District.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.15409 of 2023 01.09.2023 5/5