M NAGESWARAN Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE second accused in Cr.No.1/2009 originally registered on the file of CBCID, Pudukottai, then re-registered and now pending on the file of CBCID (Organised Crime Unit II), Alandur, Guindy, Chennai as Cr.No.1/2009 has filed this petition under Section 482 Cr.P.C praying for an order directing the respondent, namely the Deputy Superintendent of Police, Organised Crime Unit II, Crime Branch CID, Guindy, Chennai not to harass or threaten in the course of investigating the above said case and for relaxation of the conditions imposed by this court in its order dated 03.04.2009 granting anticipatory bail in Crl.O.P.No,4839/2009.

(2.) THE submissions made by Mr. M. Prabhakaran, learned counsel for the petitioner and by Mr. I. Paul Nobel Devakumar, learned Government Advocate (Crl.Side) representing the respondent were heard. THE petition, affidavit filed in support of the petition, counter affidavit, typed set of papers and the documents produced by the respondent in the form of case diary file were also perused.

(3.) THE petitioner, who figures as accused No,2 in the said case, moved a petition under Section 438 of Cr.P.C on the file of this court for anticipatory bail. This court, by an order dated 03.04.2009 granted him the said relief with a condition for his appearance before the Investigating Officer at all times reasonably required by such Investigating Officer for interrogation. Admittedly, the petitioner, after obtaining the said order of anticipatory bail, appeared before the concerned Metropolitan Magistrate and executed the necessary bail bond. It is also not in dispute that thereafter the petitioner made himself available before the present Investigating Officer as and when his presence was required. Under such circumstances, the petitioner has come forward with the present petition seeking a direction to the respondent (present Investigating Officer) not to harass the petitioner in order to coerce him to become an approver in the said case. THE case is under investigation and the charge-sheet is yet to be filed.