Madras High CourtCRL OP/21122/2015closed

Mr.S.Sathiyamoorthy v. The Superintendent Of Police

2015-08-21Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2015

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.21122 of 2015 1.S.Sathiyamoorthy 2.K.Malavika Anand ... Petitioner Vs.

1.The Superintendent of Police, Coimbatore District, Coimbatore.

2.The Inspector of Police, Sulur Police Station, Coimbatore District.

3.P.K.Kunhanandan ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Cr.P.C., praying to direct the respondent Police not to harass the petitioners.

For Petitioner :

Mr.B.Sundarapandiyan For Respondents: Mr.C.Emalias [ for R1 & R2] Additional Public Prosecutor

O R D E R

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

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

3. It is seen that on a complaint given by one Hemalatha that her daughter Mallavika is missing, the Police have registered a "woman missing case" in Crime No.354 of 2015.

4. The learned counsel for the petitioner submits that Mallavika eloped with Sathiyamoorthy and got married to him on 03.08.2015 and their marriage was registered on 04.08.2015. It is also submitted by the learned counsel for the petitioner that Sathiamoorthy is a Dalit https://hcservices.ecourts.gov.in/hcservices/

and Mallavika is Non-Dalit and therefore the couple fear harassment by the parents of Mallavika.

5. Under such circumstances, the Hon'ble Supreme Court in Lata Singh V. State of U.P. (2006) 5 Supreme Court Cases 475 has stated that state machineries should support intercaste marriage and provide sufficient protection to such couples. Therefore, the petitioners are directed to appear before the Superintendent of Police, Coimbatore District, who shall enquire into the same and provide sufficient protection to the couple.

4. With the above direction, this Criminal Original Petition is closed.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar ds To 1.The Superintendent of Police, Coimbatore District, Coimbatore.

2.The Inspector of Police, Sulur Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.B.Sundarapandian, Advocate, sr.44417. Crl.O.P.No.21122 of 2015 rj(co) kra(2/9) https://hcservices.ecourts.gov.in/hcservices/