N.Parthasarathy v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.17087 of 2016 1.N.Parthasarathy 2.Lavanya @ Alayammal 3.Gowri 4.Suresh 5.Ramesh 6.Raja 7.Selvaraj ... Petitioners Vs

1. The Commissioner of Police, Chennai City, Vepery, Chennai.

2. The Deputy Commissioner of Police, Gangster Team, Central Crime Branch, Vepery, Chennai.

3. The Deputy Commissioner of Police, T.Nagar, Chennai.

... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondents not to harass the petitioners and their family members. For Petitioners : Mr.Muthamizh for M/s.S.Pulidevan For Respondents : Mr.C.Emalias, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents not to harass the petitioners and their family members.

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

3. When the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that one Manikandan, https://hcservices.ecourts.gov.in/hcservices/

who is the son of Parthasarathy (1st petitioner herein) is involved in about 28 crime cases, of which, eight cases are murder cases. The first petitioner is the father and other petitioners are brothers, sisters and uncle of the said Manikandan. Since the Police are on look out for him, they called the petitioners for enquiry. The learned Additional Public Prosecutor also submitted that the petitioners are providing protection to Manikandan.

4. Under such circumstances, blanket order of 'not to harass' cannot be passed. The petitioners are directed to cooperate with the Police for enquiry and during the course of enquiry, they shall not be harassed. However, if any cognizable offence is made out, this order would not be a shield against the arrest of the accused.

With the above observation, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ds To

1. The Commissioner of Police, Chennai City, Vepery, Chennai.

2. The Deputy Commissioner of Police, Gangster Team, Central Crime Branch, Vepery, Chennai.

3. The Deputy Commissioner of Police, T.Nagar, Chennai.

4. The Public Prosecutor, High Court, Chennai.

+1cc to Mr.S.Pulidevan, Advocate, S.R.No.47345 Crl.OP.No.17087 of 2016 AD(CO) CA(12/09/2016) https://hcservices.ecourts.gov.in/hcservices/