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Madras High Court

Anil Kumar Pereira vs The Superintendent Of Police on 6 November, 2019

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

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                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 06.11.2019

                                                           CORAM:

                                 THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                            Crl.O.P(MD).No.16045 of 2019

                      Anil Kumar Pereira                                           ... Petitioner
                                                             Vs.

                      1. The Superintendent of Police
                         O/o. The Superintendent of Police
                         Kanyakumari District

                      2. The Inspector of Police
                         Nithiravilai Police Station
                         Kanyakumari District                             ... Respondents


                      Prayer: Criminal Original Petition filed under section 482 of Criminal
                      Procedure Code, to direct the respondents not to harass the petitioner
                      without any legally sustainable complaint and to direct the respondents
                      to follow the guideline issued by the Hon`ble Supreme Court in
                      D.K.Basu(1997 1 SCC 416) case in matters pertaining to arrest or
                      interrogation



                                For Petitioner         : Mr. J.Pandi Dorai

                                For Respondents        :    Mr.K.Suyambulinga Bharathi
                                No.1 & 2                   Government Advocate(Crl.Side)




http://www.judis.nic.in
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                                                     ORDER

This Criminal Original petition has been filed to to direct the respondents not to harass the petitioner without any legally sustainable complaint and to direct the respondents to follow the guideline issued by the Hon`ble Supreme Court in D.K.Basu(1997 1 SCC 416) case in matters pertaining to arrest or interrogation.

2. The petitioner is already involved in the case of 302 in the year 1994 and thereafter he got anticipatory bail and surrendered before the Court. After completion of investigation, the second respondent filed final report as against other seven accused persons. Thereafter the case ended in acquittal and insofar as the petitioner is concerned , Non Bailable Warrant was already issued and pending Under this circumstances, not to harass petition has been filed only to escape from the clutches of law.

3. As such the prayer sought for by the petitioner cannot be granted. Hence the Criminal Original Petition stands dismissed.




                                                                                   06.11.2019
                      Internet : Yes / No
                      Index     : Yes / No
                      Speaking / Non Speaking order
                      aav
http://www.judis.nic.in
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                      To;

1. The Superintendent of Police O/o. The Superintendent of Police Kanyakumari District

2. The Inspector of Police Nithiravilai Police Station Kanyakumari District

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

http://www.judis.nic.in 4 G.K.ILANTHIRAIYAN, J.

aav Crl.O.P(MD) No. 16045 of 2019 06.11.2019 http://www.judis.nic.in