Kamatchi v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Kamatchi 2.Karthikeyan 3.Lakshmi ....

Petitioners Vs 1.The Commissioner of Police, Commissionerate, Avadi, Chennai.

2.The Assistant Commissioner of Police, Poonamallee, Chennai.

3.State Rep. By, The Inspector of Police, Poonamalle Police Station, Avadi. (Crime No.1017 of 2024) ....

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, to direct the respondents herein not to harass the petitioners by implicating them into criminal case by violating their fundamental right to trade and business as guaranteed under Article 19(1)(g) of the Constitution of India on their trade on Jayavilas "Pasumark Tobacco".

For Petitioner : Mr.K.R.Laxman For Respondents : Mr.K.M.D.Muhilan, Government Advocate (Criminal Side)

ORDER

This Writ Petition has been filed to direct the respondents herein not to harass the petitioners by implicating them into criminal case by violating their fundamental right to trade and business as guaranteed under Article 19(1)(g) of the Constitution of India on their trade on Jayavilas "Pasumark Tobacco".

2. The Petitioners are accused in Cr.No.1017 of 2024 on the file of the third respondent. In pursuant to the anticipatory bail obtained before this Court in Crl.O.P. No.37 of 2025 by order dated 08.01.2025, the first and second petitioner was directed to appear before the third respondent daily at 10.30 a.m until further orders, as far as the third petitioner, she was directed to appear before the third respondent daily at 10.30 a.m for a period of one week, thereafter as and when required until further orders.

3. It is seen that now the petitioners filed this petition for a direction directing the third respondent not to harass the petitioners. Once the petitioners are arrayed as accused in Crime No.1017 of 2025, they shall not be harassed by the third respondent and whenever the

respondent police summons the petitioners for the purpose of investigation, they shall appear before the Investigation Officer.

4. The learned Government Advocate (Crl.Side) submitted that they were not summoned or harassed for any purpose other than the conditions imposed by this Court in Crl.O.P. No.37 of 2025, while granting anticipatory bail.

5. In view of the above, the petitioners shall comply the conditions imposed by this Court in Crl.O.P. No.37 of 2025 and the respondents police are directed not to harass the petitioners unnecessarily. Accordingly, this Writ Petition is disposed of. No costs. 21.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rkp

G.K.ILANTHIRAIYAN, J.

rkp To 1.The Commissioner of Police, Commissionerate, Avadi, Chennai.

2.The Assistant Commissioner of Police, Poonamallee, Chennai.

3.The Inspector of Police, Poonamalle Police Station, Avadi.

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