M.K.Muthukumaran v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN M.K.Muthukumaran ... Petitioner Vs.

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

2.The Inspector of Police, S.S.Colony Police Station, Madurai City.

3.Panchamirtham 4.Duraipandi ... 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 the guise of enquiry.

For petitioner : Mr.R.Ponkarthikeyan For Respondents : Mr.Sakthi Kumar for R1 & R2 Government Advocate (Crl. Side) 1/4

O R D E R This criminal original petition has been filed seeking direction to the 2nd respondent not to harass the petitioner under the guise of enquiry. 2.When the matter is taken up for hearing today, the learned Government Advocate (Crl. Side) on instructions submitted that the third respondent gave complaint before the second respondent police, stating that the petitioner, as a Contractor promised to get loan and received Rs.2,00,000/- from him. But he did not arrange the loan. Hence, the respondent police issued summons to attend the enquiry. 3.The learned counsel for the petitioner would submit that the second respondent police has right to enquire the matter as per law. But, they have no right to threaten the petitioner and ask him to settle the amount without making enquiry.

4.Considering the said submissions of the petitioner, this Court issued direction to the second respondent to conclude the enquiry, within a period of two weeks from the date of receipt of a copy of this order. During the course of hearing, the Officers shall strictly follow the Procedure under Section 41 A Cr.P.C. In the event, if the respondent is 2/4

decided to register the case, the respondent shall give two weeks time to the accused to approach the jurisdictional Court to get anticipatory bail. 5.With the above said directions, this criminal original petition stands closed.

03.11.2023 Index : Yes/No Internet : Yes/No TM To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, S.S.Colony Police Station, Madurai City.

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

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K.K.RAMAKRISHNAN. J.

TM 03.11.2023 4/4