Madras High CourtCRL OP/9114/2026disposed of

M.Gnanamalar v. The State Represented By Its, The Deputy Commissioner Of Police,

2026-04-10Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-04-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR M.Gnanamalar Wife of Moorthy, Residing at No.248, SV Nagar, Perumalpattu Gramam, Veppampattu - 602 024.

..Petitioner(s) Vs

1. The State represented by its, The Deputy Commissioner of Police, Avadi Police Commissionerate, Avadi, Chennai.

2. The Inspector of Police, W-30, All Women Police Station, Poonamallee, Chennai.

..Respondent(s) Criminal Original Petition is filed under Section 528 BNSS to pass an order directing the 2nd Respondent to not to harass the petitioner herein in the guise of enquiry in the facts and circumstances stated above and to pass order or orders that may deem fit and proper and thus render justice. For Petitioner(s):

Mr.J.Elanjchezhien For Respondent(s):

M/S. LEONARD ARUL JOSEPH SELVAM ADDITIONAL PP For R1 and R2

ORDER

The petitioner / A3 in Cr.No.32 of 2025 registered for the offence under Section 498A IPC, has filed this petition seeking direction to the second respondent not to harass the petitioner under the guise of enquiry.

2. The contention of the petitioner is that the second respondent police, under the guise of investigation, had been unnecessarily harassing the petitioner by calling her to appear before the respondent police.

3. The learned Additional Public Prosecutor appearing for the respondents submitted that the petitioner is arrayed A3 in Cr.No.32 of 2025 and apprehending arrest, she along with other co-accused had filed an Anticipatory Bail petition before this Court in Crl.O.P.No.34795/2025. This Court by order dated 08.01.2026, granted Anticipatory Bail on certain conditions. One of the conditions viz., Condition No.'c' is that the petitioners 2 to 4 therein shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation. In view of the said condition, notice has been issued to the petitioner for her appearance before the respondent police which cannot be termed as harassment.

4. Considering the submissions and on perusal of the materials, it is seen that notice has been served on the petitioner for her appearance before the respondent police and since it is clearly mentioned in Condition No.'c' of the Anticipatory Bail order that the petitioner shall report before the respondent police as and when required for interrogation, the same cannot be construed as harassment. Since this Court has granted Anticipatory Bail to the petitioner with certain conditions and complying the conditions cannot be termed as harassment, this Court is not inclined to entertain this petition. In the event of the petitioner not co-operating for the investigation, the respondent police shall take appropriate action as per Condition No.'d' of the order dated 08.01.2026 in Crl.O.P.No.34795 of 2025.

5. In view of the above, this Criminal Original Petition is dismissed. 10-04-2026 Index: Yes/No Speaking/Non-speaking order BKN

M.NIRMAL KUMAR, J.

BKN To:

1. The Deputy Commissioner of Police, Avadi Police Commissionerate, Avadi, Chennai.

2. The Inspector of Police, W-30, All Women Police Station, Poonamallee, Chennai.

10-04-2026