← Library
Madras High CourtCRL OP(MD)/20125/2021disposed of

T.M.Samsudeen v. The District Collector

2021-12-17Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN T.M.Samsudeen ... Petitioner Vs.

1.The District Collector, Office of the District Collector, 2.The Revenue Divisional Officer/The Sub Collector, Office of the Revenue Divisional Officer/ The Sub Collector, Kumbakonam, 3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruvidaimaruthur Sub Division, 4.The Inspector of Police, Thirupanandhal Police Station, ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents not to harass the petitioner by the way of compelling him to execute bond without following mandatory procedure under Chapter VIII of the Criminal Procedure Code and due process of law.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side).

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 2.The learned Government Advocate (Crl. Side) opposed grant of relief on the ground that the petitioner is a history sheeted rowdy 1/3

and that a number of cases have been registered against him. Even as latest, as on 10.12.2021, Crime No.85 of 2021 was registered against the petitioner on the file of the Cholapuram Police Station for the offences under Sections 147, 148, 341, 324, 427 and 506(ii) of IPC.

3.Though the objections of the learned Government Advocate (Crl. Side) are fairly sound, the relief sought for in this case is quite limited. All that the petitioner demands is that he should not be compelled by the respondents to execute bond. No exception can be taken to his prayer.

4.The respondents will have to deal with the petitioner only in the manner known to law. If the respondents want to obtain any security bond from the petitioner, then the procedure set out in Criminal Procedure Code will have to be necessarily followed. 5.With this direction to the respondents, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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 District Collector, Office of the District Collector, 2.The Revenue Divisional Officer/The Sub Collector, Office of the Revenue Divisional Officer/ The Sub Collector, Kumbakonam, 3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruvidaimaruthur Sub Division, 2/3

4.The Inspector of Police, Thirupanandhal Police Station, 5.The Additional Public Prosecutore, Madurai Bench of Madras High Court, Madurai.

17.12.2021 RD(4.01.2022) 3P 6C 3/3