Thangarasu v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.11099 of 2021 Thangarasu ... Petitioner

Versus

1.The Superintendent of Police, Perambalur District.

2.The Inspector of Police, Kunnam Police Station, Perambalur District.

3.Chellammal ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents NOT TO HARASS the petitioner in the guise of enquiry in pursuance to the complaint of the defacto complainant.

For Petitioner :

Mr.G.Ilamurugu For Respondents:

Mr.A.Damodaran, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 and 2 not to harass the petitioner under the guise of enquiry in Crime No.595 of 2021.

2.The learned counsel for the petitioner submitted that the son of the petitioner Suresh, aged about 21 years had taken away the daughter of the 3rd respondent. who is minor aged 17 years. The 3rd respondent lodged a complaint to the 2nd respondent, for which a case in Crime No.595 of 2021 was registered under 'Girl Missing'. For the purpose of enquiry, the petitioner has been constantly called causing harassment to him. The petitioner has so far appeared 5 to 6 times before the 2nd respondent Police and he is detained in the Police Station from morning to night hours till 10.00 p.m. The learned counsel for the petitioner further submitted the petitioner will cooperate with the enquiry and whatever information he knew, he will disclose the same to the 2nd respondent Police. His only grievance is that for whole day, he is forced to stay in the Police Station under the guise of https://hcservices.ecourts.gov.in/hcservices/

enquiry. Hence, he prayed for appropriate direction. 3.The learned Government Advocate (Crl. Side) appearing on behalf of the respondents 1 and 2 submitted that the petitioner's son, who is a painter employed in Coimbatore, kidnapped the 3rd respondent's minor daughter aged about 17 years. The 3rd respondent lodged a complaint to the 2nd respondent Police and in order to trace out and secure the victim girl, the enquiry is conducted to find out the whereabout of the petitioner's son and the victim girl. The petitioner and his family members are absolutely necessary for enquiry till securing the victim girl. The victim girl would become major in a month time, hence, it is suspected that the petitioner and his family members are sheilding the victim. 4.Considering the rival submissions, this Court directs the petitioner to appear before the 2nd respondent Police from 10.00 a.m., to 11 a.m., and from 4 p.m., to 5.00 p.m., (2 hours) for the purpose of enquiry in Crime No.595 of 2021. 5.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar vv2 To 1.The Superintendent of Police, Perambalur District.

2.The Inspector of Police, Kunnam Police Station, Perambalur District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Ilamurugu, Advocate, S.R.No. 29904 CRL.O.P.No.11099 of 2021 KV(CO) GN(22/07/2021) https://hcservices.ecourts.gov.in/hcservices/