M.Kala Mani v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2020

CORAM:

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.OP.No.3956 of 2020 1.M.Kala Mani 2.Ramathal 3.Sundaraj ... Petitioners Vs.

The Inspector of Police, K.G. (Kandan Goundan) Chavadi Police Station, Coimbatore District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C, to direct the respondent not to harass the petitioners. For Petitioners : Mr.M.G.Udayakumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent not to harass the petitioners.

2. The learned counsel for the petitioners has submitted that the case has been registered in Cr.No.101 of 2019 under Sections 365 and 302 of IPC against the petitioner's husband S.Murugesan and others. He further submitted that already the said Murugesan filed anticipatory bail application before this Court in Crl.OP.No.870 of 2020 and the same was dismissed by this Court on 13.02.2020. He further submitted that after dismissal of the said anticipatory bail application, the respondent is regularly calling the petitioner's husband and unnecessarily harassing the petitioner. Therefore, he prayed to direct the respondent not to harass the petitioner.

3. The respondent has filed a counter stating that based on the complaint lodged by one Karuppal, the respondent has registered FIR in Cr.No.101 of 2019 under the caption 'man missing'. During investigation, it was found that the said person was murdered and hence the case was altered into under 1/2 https://hcservices.ecourts.gov.in/hcservices/

sections 365 & 302 IPC. He further submitted that during the course of investigation, respondent police has arrested the accused persons namely Muthuvel and Sundhar and at that time they gave confession statement that the first petitioner's husband Murugesan also involved in the aforesaid crime. He further stated that the said Murugesan is absconding and only for arresting him, the respondent went to his house and enquired the petitioner regarding whereabouts of the said Murugesan. Immediately the petitioner rushed to this Court by saying that they were subjected to harassment, but they were not subjected to any harassment.

4. Admittedly, no case is pending against the petitioners. According to the respondent, the first petitioner's husband alone involved in murder and in such a case, the respondent should not have unnecessarily harassed the petitioners.

5. With the aforesaid directions, this criminal original petition is disposed of.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar drl To The Inspector of Police, K.G. (Kandan Goundan) Chavadi Police Station, Coimbatore District.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.M.G.Udayakumar Advocate sr17017 Crl.O.P.No.3956 of 2020 bs(co) aa05/06/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/