K.Thillainathan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN K.Thillainathan ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Office at Nagercoil.

2.The Deputy Superintendent of Police, Nagercoil Town, Nagercoil, Kanyakumari District.

3.The Inspector of Police, Kottar Police Station, Kottar, Kanyakumari District.

4.Ramar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd and 4th Respondent not to harass the petitioner under the guise of enquiry, on the basis of his representation dated 06.10.2023. 1/4

For Petitioner : Mr.S.Krishnan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the 3rd and 4th Respondent not to harass the petitioner under the guise of enquiry, on the basis of his representation dated 06.10.2023.

2. Mr.R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the respondents.

3. Heard both sides.

4. Learned Additional Public Prosecutor submitted that on the basis of the complaint given by one Sekar, a case has been registered against this petitioner in Crime No.281 of 2023 for the offences under Sections 447, 379 of IPC and Section 3(1) of TN Public Property (Prevention of Damage and Loss) Act, 1992. Now based upon the 2/4

registration of FIR, the petitioner has also moved anticipatory bail before the learned Principal District Judge, Nagercoil.

5. Since a case has been registered in Crime No.281 of 2023, the petitioner must cooperate with the respondent herein for the purpose of completing the investigation or enquiry, as the case may be. Since the petitioner has already moved anticipatory bail petition, there is no question of harassment by the respondent.

6. With this direction, this Criminal Original Petition is disposed of.

11.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn 3/4

G.ILANGOVAN, J pnn To 1.The Superintendent of Police, Kanyakumari District, Office at Nagercoil.

2.The Deputy Superintendent of Police, Nagercoil Town, Nagercoil, Kanyakumari District.

3.The Inspector of Police, Kottar Police Station, Kottar, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Order made in Dated : 11.10.2023 4/4