Madras High Court
Solaiappan vs The Superintendent Of Police on 12 October, 2020
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
Crl.O.P.(MD)No.11162 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.10.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.11162 of 2020
Solaiappan ... Petitioner
-Vs-
1.The Superintendent of Police,
Virudhunagar, Virudhunagar District.
2.The Sub Inspector of Police,
Paralachi Police Station,
Virudhunagar District. ... Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to
direct the second respondent police not to harass the petitioner for
executing a bond under Sections 109 and 110 Cr.P.C.
For Petitioner : Mr.G.Mariappan
For Respondents : Ms.S.E.Veronica Vincent,
Government Advocate.
ORDER
Heard the learned counsel on either side.
2.The grievance of the petitioner is that the second respondent has registered Crime No.84 of 2020 against him under Section 110(e) of Cr.PC and is compelling him to execute a bond. http://www.judis.nic.in 1/3 Crl.O.P.(MD)No.11162 of 2020
3.Though the learned Government Advocate (crl.side) has pointed out that in view of the decision made in Crl.O.P.No.17684 of 2015, an FIR can be registered for this purpose, it is only the jurisdictional executive magistrate, who can take further action in the matter as per law. It is not for the respondents to coerce the petitioner into executing a bond.
4.With this clarification, this Criminal Original Petition is disposed of.
12.10.2020 Index :yes/No Internet:yes/No Skm 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 Superintendent of Police, Virudhunagar, Virudhunagar District.
2.The Sub Inspector of Police, Paralachi Police Station, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
http://www.judis.nic.in 2/3 Crl.O.P.(MD)No.11162 of 2020 G.R.SWAMINATHAN, J.
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