Madras High CourtCRL OP/16176/2016closed

Mogana Sundaram, Aged 43 Years v. The State Rep. By

2016-08-03Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.08.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.OP.No.16176 of 2016 1.M.Mogana Sundaram 2.Duraisamy 3.Manivannan 4.Lakshmi 5.Kumar ... Petitioners Vs 1.The State rep by The Superintendent of Police, Namakkal District, Namakkal.

2.The Deputy Superintendent of Police, Rasipuram, Namakkal District.

3.The Inspector of Police, Rasipuram Police Station, Namakkal District.

... Respondents Criminal Orginal Petition filed under Section 482 of Cr.P.C. to direct the 1st respondent police to give direction against the 3rd respondent police not to harass the petitioners without conducting proper enquiry or complaint received against the petitioners. For Petitioners : Mr.E.Kannadasan For Respondents : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the respondent police not to harass the petitioners.

2. Heard the learned counsel for the petitioners; learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

3. It is seen that one Gunasekaran and Ramani were found dead, in connection with which, a case in Crime No.347 of 2016 under Section 302 IPC has been registered by the 3rd respondent Police and investigation is in progress. The Police suspect the involvement of the petitioners herein, who are the close relatives of the deceased and therefore, the petitioners were called for enquiry.

4. Learned counsel for the petitioners submitted that in the guise of enquiry, the 1st petitioner was beaten by the Police.

5. Be that as it may. The petitioners are directed to cooperate with the 3rd respondent Police for enquiry and at the time https://hcservices.ecourts.gov.in/hcservices/

of conducting enquiry, they shall not be harassed. During the course of enquiry, if any cognizable offence is made out, the respondent Police is free to register an FIR and this order shall not be a shield for the petitioners against arrest. With the above direction, this petition is closed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Superintendent of Police, Namakkal District, Namakkal.

2.The Deputy Superintendent of Police, Rasipuram, Namakkal District.

3.The Inspector of Police, Rasipuram Police Station, Namakkal District.

4.The Public Prosecutor, High Court, Chennai.

+1 cc to M/s.E.Kamadevan,advocate,sr.44028.

mpi(co) krd 5/8 Crl.OP.No.16176 of 2016 https://hcservices.ecourts.gov.in/hcservices/