Madras High CourtCRL OP/17529/2016closed

B.Rajendran, Aged 45 Years v. The State Rep. By

2016-08-17Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.17529 of 2016 1.B.Rajendran 2.R.Mala 3.D.Vijaya 4.V.Thambidurai 5.Devi 6.S.Venkatramana Bhat 7.V.Radika 8.Gopalakrishnan 9.Gayathri 10.J.Peter 11.Banu ... Petitioners Vs 1.The State rep.by The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

2.The State rep.by The Inspector of Police, J-1, Saidapet Police Station, Saidapet, 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 under the guise of enquiry based on the representation dated 25.07.2016.

For Petitioners : Mr.I.Paul Noble Deva Kumar 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 under the guise of enquiry based on the representation dated 25.07.2016.

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

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3. On a reading of the complaint given by the first petitioner it is seen that one Hariharan, who is the relative of first petitioner and other petitioners herein, had involved in several cases and now he is in judicial custody. It is further stated in the complaint that the petitioners are no way connected with the said Hariharan, but they were called for enquiry by the second respondent.

4. Under such circumstances, blanket order of 'not to harass' cannot be passed. However, if there is any complaint against the petitioners, they shall be called for enquiry and the petitioners shall co-operate for the enquiry. During the course of enquiry, the petitioners 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, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ds To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

2.The Inspector of Police, J-1, Saidapet Police Station, Saidapet, Chennai.

3.The Public Prosecutor, High Court, Chennai.

+1cc to Mr.I.Paul Noble Deva Kumar, Advocate, S.R.No.46992 Crl.OP.No.17529 of 2016 MP1(CO) CA(31/08/2016) https://hcservices.ecourts.gov.in/hcservices/