G.Sivakumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.13593 of 2021 1.G.Sivakumar 2.S.Malathy 3.S.Kamesh 4.S.Saranya ... Petitioners

Versus

State By:

The Inspector of Police H-8, Thiruvottiyur Police Station Chennai 600 019 (Crime No.2177 of 2021) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent not to harass the petitioners with respect to the case in Crime No.2177 of 2021 on the file of the respondent police. For Petitioners : Mr.K.Kannan For Respondent : Mr.A.Damodharan, Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the respondent not to harass the petitioners with respect to the case in Crime No.2177 of 2021 on the file of the respondent police.

2. The petitioners are the father, mother, brother and wife of one Sudharsan. The contention of the petitioners is that the petitioners on the guise of investigation in Crime No.2177 of 2021 for the offence under Sections 341, 294(b), 323, 324, 307 and 506(ii) IPC, have been unnecessarily harassed by the respondent police. He further submitted that a case in Crime No.2117 of 2021 was registered against unnamed persons, but it is not known, how they have fixed Sudharsan as accused in this case. The petitioners have been constantly called to the Police Station and harassed by the respondent Police. Hence, the above petition.

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3. The learned Government Advocate (Crl.Side) submitted that there are totally four accused in this case. The first petitioner's son is the first accused and he had earlier moved anticipatory bail application in Crl.O.P.No.12656 of 2021 and the same was dismissed. The defacto complainant is an Advocate with 15 years of standing. When he came out of the SRO, Tiruvottriyour office, after discharging his professional duty, the accused persons had assaulted him using deadly weapons. The respondent police are now taking steps to secure the accused. The whereabouts of the accused not known and hence the petitioners were called for enquiry, which cannot be termed as harassment.

4. Considering the nature of offence and the involvement of the accused Sudharsan, this Court is not inclined to entertain this petition.

5. Hence, this Criminal Original Petition is dismissed. s/d Assistant Registrar(CS IV) True Copy Sub-Assistant Registrar dna To

1. The Inspector of Police H-8, Thiruvottiyur Police Station Chennai 600 019 (Crime No.2177 of 2021)

2. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.13593 of 2021 SSI(CO) PM(03/09/2021) https://hcservices.ecourts.gov.in/hcservices/