The petitioners are husband and wife. The second petitioner apprehends arrest for the alleged offences under Sections 471, 468, 408 and 420 of IPC and harassment by the police.
2. It is stated by the petitioners that one Muruganandam had lent a sum of about Rs.8 lakhs to a company by name “Anar Coir Pvt.Ltd.” in the year 2014, in which the second petitioner was a Director at that time. The second petitioner signed the cheques issued by the company for repayment of the above said loan. Now the said Muruganandam, is claiming interest on his principal amount and making a claim of about Rs.23 lakhs. In this connection, one Mrs.Divya Anand, w/o.Muruganandam, filed a complaint before the respondent police that the petitioners have made the de facto complainant to pay a sum of about Rs.23 lakhs for cheating her. Based on that complaint, the petitioners are harassed by the respondent police, according to the learned counsel for the petitioners. It is also stated that the petitioners had already filed an anticipatory bail petition before this Court in Crl.O.P.No.26271 of 2016, wherein the respondent reported before this Court that there is no complaint or FIR pending against the petitioners. Stating so, the present Criminal Original Petition is filed.
3. Mr.C.Emalias, learned Additional Public Prosecutor, took notice for the respondent.
4. Heard both the sides.
5. It is seen that the petitioners had already obtained an order from this Court on 21.12.2016 in Crl.O.P.No.26271 of 2016 wherein this Court disposed of the Criminal Original Petition recording the submission made by the respondent police that there is no case or complaint against the petitioners.
6. Therefore, the Criminal Original Petition is disposed of directing the respondent police not to harass the petitioners under the guise of enquiry, as there is no case or complaint pending against the petitioners.
Index : Yes/No 30.01.2017 Internet : Yes/No KM To
1. The Inspector of Police, F3, Nungambakkam Police Station (Law & Order), Nungambakkam, Chennai-600 034.
2. The Public Prosecutor, Madras High Court, Chennai-600 104.
R.MAHADEVAN, J.
KM Crl.O.P.No.1266 of 2017 30.01.2017