1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2011 CORAM: THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD) No.10346 of 2011 1.B.Binu 2.S.Sreekumar .. Petitioners Vs. 1.The Superintendent of Police, Kanyakumari District,Nagercoil. 2.The Inspector of Police, Central Crime Station, Nagercoil,Kanyakumari District. .. Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondents not to harass the petitioners by taking steps to arrest them illegally by fixing them wrongly as accused on the basis of the non-bailable warrant issued in S.T.C.No.1691 of 2006 on the file of the Judicial Magistrate No.1, Nagercoil. For Petitioners : Mr.B.Brijesh Kishore For Respondents : Mr.K.V.Rajarajan Govt. Advocate (Crl. Side) ORDER This petition has been filed to to direct the respondents not to harass the petitioners by taking steps to arrest them illegally by fixing them wrongly as accused on the basis of the non-bailable warrant issued in S.T.C.No.1691 of 2006 on the file of the Judicial Magistrate No.1, Nagercoil. 2.When the matter was called on 18.08.2011, the learned counsel appearing for the petitioner submitted that the respondents were taking steps to arrest the wrong persons i.e., the petitioners herein in S.T.C.No.1691 of 2006 pending on the file of the Judicial Magistrate No.1, Nagercoil, who are not the accused in the said case. Therefore, this Court directed the 1st respondent, the Superintendent of Police, Kanyakumari District, who appeared before this Court and submitted that the petitioners are the accused in S.T.C.No.1691 of 2006 and at the time of they were arrested, photographs and finger prints were taken by the respondent police. He further submitted that since he received the representation from the petitioners, he issued summons to the petitioners herein, directing them to appear before him for verification, but, they did not appear before him and they have come forward with the present application and hence, he prayed for a direction, directing the petitioners to appear before him for taking finger prints of the petitioners for verification as to whether the petitioners are the accused in S.T.C.No.1691 of 2006 or not. 3.Accordingly, this Court direct the petitionrs to appear before the 1st respondent on 23.08.2011 without fail and the 1st respondent was https://hcservices.ecourts.gov.in/hcservices/ 2 also directed to take finger prints to verify as to whether they are the accused in S.T.C.No.1691 of 2006 and submit a report before this Court today. 4.Today, the petitioners and the investigating officer are present. The learned Government Advocate (criminal side) would submit that the petitioners were present before the Superintendent of Police as per the direction of this Court and their finger prints were taken, which does not tally with the accused in S.T.C.No.1691 of 2006 pending on the file of the Judicial Magistrate No.1, Nagercoil. 5.Recording the submission made by the learned Government Advocate (criminal side), this criminal original petition is disposed of. Sd/- Assistant Registrar(AS) /TRUE COPY/ Sub Assistant Registrar To 1.The Judicial Magistrate No.I, Nagercoil. 2.The Superintendent of Police, Kanyakumari District,Nagercoil. 3.The Inspector of Police, Central Crime Station,Nagercoil, Kanyakumari District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.B.Brijesh Kishore, Advocate SR.No.29629 Crl.O.P.(MD)No. 10346 of 2011 29.08.2011 Arul PA/14.09.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/