The High Court framed directions for the police to ensure due process of law, prohibited oral summoning in enquiries, mandated notice before FIR registration for anticipatory bail, and fixed a two-week timeline for concluding the enquiry.
Directions issued: written summons only, notice required before FIR, enquiry concluded within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.(MD)No.11269 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2020 CORAM: THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11269 of 2020
T.K.Manikkam ... Petitioner
Vs
1.The Superintendent of Police, Karur District, Karur.
2.The Inspector of Police, Thogaimalai Police Station, Karur District.
3.Vasudevan
Head Constable, Thogaimalai Police Station, Karur District.
4.Annamalai ... Respondents
PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to issue a direction directing the second and third respondents not to harass the petitioner without following due process of law.
For Petitioner : Mr.R.Murugappan For R1 & R2 : Mr.V.Neelakandan
Additional Public Prosecutor
ORDER
Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for R1 to R3.
2.The fourth respondent is said to have given a complaint against the petitioner before the second respondent.
(I) The second respondent will issue summons in writing, if he wants to enquire the petitioner. There cannot be any oral summon for attending enquiry.
(II) If the second respondent registers any FIR, the petitioner will be put on notice, so that, the petitioner will have https://hcservices.ecourts.gov.in/hcservices/
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Crl.O.P.(MD)No.11269 of 2020
breathing time to move the concerned Court for the relief of anticipatory bail.
(III) The second respondent is directed to conclude the enquiry within a period of two weeks from the date of receipt of a copy of this order.
4.With this direction, this Criminal Original Petition is disposed of.
Assistant Registrar (Writs)
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
Rmi
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, Karur District, Karur.
2.The Inspector of Police, Thogaimalai Police Station, Karur District.
3.The Head Constable, Thogaimalai Police Station, Karur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P(MD)No.11269 of 2020 13.10.2020
VB (02.11.2020) 2P 5C
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1 issue framed by the court
Whether directions can be issued to the police to ensure due process and prevent harassment of the petitioner while an enquiry or FIR is pending.
1 provisions across 1 enactments
T.K.Manikkam
Superintendent of Police, Karur District
Inspector of Police, Thogaimalai Police Station
Vasudevan
Annamalai
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
