Ponnusamy v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.05.2018

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.OP No.13735 of 2018 1.

Ponnusamy 2.

Santhi 3.

Sengamalai 4.

Mageshwari ... Petitioners Vs 1.

The State Rep. by The Superintendent of Police Salem Salem District.

2.

The Inspector of Police Thammampatty Police Station Salem District.

... Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent police not to harass the petitioners and their family members.

For petitioners : Mr. E.Kannadasan For Respondents : M/s. M.Prabhavathi Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction to second respondent police not to harass the petitioners and their family members.

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

3. This Court unable to understand what is the definition of harassment. From the submissions made by the learned counsel for the petitioners, it appears that the case has been registered against the son of the first petitioner in respect of the kidnap of the girl. When the police enquired the petitioners, the petitioners come before this Court as if they have been harassing. The petitioners have taken advantage on the only ground that no notice has been issued by the respondent police to enquire the petitioners.

4. In my considered opinion, no blanket direction as prayed for by the petitioners can be given. If the petitioners are wanted either for enquiry or for interrogation, they can very well be summoned by the respondent police and while doing so, the petitioners shall not be harassed. At the same time, the petitioners should submit themselves to the respondent for https://hcservices.ecourts.gov.in/hcservices/

interrogation and enquiry. During the enquiry, if any cognizable offence is made out, this order would not be a shield against the arrest of the accused.

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

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsg/ssd To 1.

The Superintendent of Police Salem Salem District.

2.

The Inspector of Police Thammampatty Police Station Salem District.

3.

The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.Kannadasan, Advocate SR.No.34262 sm:6.6.2018 Crl.OP No.13735 of 2018 https://hcservices.ecourts.gov.in/hcservices/