K.Elango v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.Nos.16156, 16157, 16158, 16159, 16161 & 16162 of 2022

1. K.Elango ... Petitioner in Crl.O.P.No.16156 of 2022

2. V.K.Sivananthan ... Petitioner in Crl.O.P.No.16157 of 2022

3. G.Saravanakumar ... Petitioner in Crl.O.P.No.16158 of 2022

4. A.Karthickeyan ... Petitioner in Crl.O.P.No.16159 of 2022

5. V.Theriselvan ... Petitioner in Crl.O.P.No.16161 of 2022

6. C.Kathiravan ... Petitioner in Crl.O.P.No.16162 of 2022 Vs.

The State, Rep. By the Deputy Superintendent of Police, EOW-II/Villupuram, District Police Office Campus, Villupuram 605 602.

... Respondent in all Crl.O.P's Common Prayer: These Criminal Original Petitions filed under Section 482 Cr.P.C.to direct the respondent police not to harass the petitioners by appreciating the facts and circumstances of the case. 1/4

For Petitioner in all Crl.O.P's : Mr.Mr.A.Ramesh Senior Counsel for Mr.Deepan Uday For Respondent in all Crl.O.P's : Mr.Leonard Arul Joseph Selvam, Government Advocate (crl.side) COMMON ORDER These Criminal Original Petitions have been filed to direct the respondent police not to harass the petitioners.

2. The learned Senior counsel appearing for the petitioner submitted that the petitioner is neither a complainant nor an accused. He further submitted that he has been unnecessarily harassed to give a complaint.

3. Mr.Leonard Arul Joseph Selvam, learned Government Advocate (crl.side) appearing for the respondent would submit that the respondent police are not harassing the petitioners since they are not arrayed as accused. 4.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (crl.side) appearing for the respondent. 2/4

5. In such view of the matter, since the petitioners are neither the complainant nor the accused, the respondent police cannot repeatedly ask the petitioners to come to the police station. If the police is inclined to record the statement, let them record the statement in their place itself or issue notice as per law.

6. Accordingly, these Criminal Original petitions are closed. 12.07.2022 Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No shk To 1.The Deputy Superintendent of Police, EOW-II/Villupuram, District Police Office Campus, Villupuram 605 602.

2. The Public Prosecutor, Madras High Court, Chennai.

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N. SATHISH KUMAR,J.

shk Crl.O.P.Nos.16156, 16157, 16158, 16159, 16161 & 16162 of 2022 12.07.2022 4/4