M.Venkatesh v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-06-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR M.Venkatesh ..Petitioner(s) Vs
1. The Commissioner of Police Salem City Commissioner of Police Complex, Linemedu, Salem - 636 006.
2. The Assistant Commissioner of Police, Annathanapatti Police Range, Annathanapatti, Salem -636 002.
3. The Inspector of Police B-5 Kitchipalayam Police Station, Salem - 636 015.
..Respondent(s) To direct the 2nd and 3rd respondent police, Not to Harass the petitioner under the guise of enquiry and to pass such further or other orders as may deem fit and proper in the circumstances of the case and thus render justice.
For Petitioner(s):
Mr.N.Vijaya Basker for M/s.Law Vision For Respondent(s):
Mr.A.Amarnath, Government Advocate (Crl. Side), For R1,R2 And R3
ORDER
The present Criminal Original Petition has been filed seeking a direction to the respondents not to harass the petitioner under the guise of enquiry.
2. The case of the petitioner is that one Abivishnu, approached him seeking money for his friend Arun, who is doing business in Nilavarapatti Village, Mallur, Salem District. Believing the same, the petitioner gave Rs.15,30,000/- and the said Arun agreed to repay a sum of Rs.50,000/- per week. When the petitioner and the said Abivishnu went to Arun's house demanding repayment, Arun failed to return the money and instead brought some rowdy elements and assaulted the petitioner. Hence, the petitioner lodged a complaint with Mallur Police Station and a case was registered in Crime No.126 of 2026 on 04.05.2026. A counter complaint was lodged by the said Arun's mother and a case in Crime No.127 of 2026 dated 04.05.2026 came to be registered.
3. The petitioner further submits that another complaint has now been given to the third respondent by the said Arun's mother. Therefore, under the guise of enquiry, the petitioner was called for enquiry on 24.05.2026. Though he appeared before the Police and gave explanation, still he has been harassed by the respondent Police.
4. The learned Government Advocate (Crl. Side) strongly opposed the petitioner's contention and submitted the petitioner and the said Arun are doing illegal lottery business and in this regard, they had some transactions, which led to disputes between them. Subsequently, the Mallur Police registered both a case and a counter case. He further submitted that the said Arun is a HistorySheeter and he was now arrested and detained under the provisions of Goondas Act and is presently lodged in prison. According to the prosecution, the present petition has been filed without any supporting material and is intended only as a cover-up for disputes arising out of the illegal lottery business.
5. Considering the above submissions and perusal of materials, it is seen that the petitioner and the said Arun are involved in lottery business, which is prohibited in the State of Tamil Nadu and disputes arose between them in connection with such activities. It is also not in dispute that the said Arun has been detained under the Goondas Act. In the absence of any material substantiating the allegation of police harassment, this Court is of the view that
the present petition is founded merely on apprehension and lacks any tangible basis. Accordingly, this Court is not inclined to entertain the present petition and the same stands dismissed.
08-06-2026 Index: Yes/No Speaking/Non-speaking order PVS To
1. The Commissioner of Police Salem City Commissioner of Police Complex, Linemedu, Salem - 636 006.
2. The Assistant Commissioner of Police Annathanapatti Police Range, Annathanapatti, Salem -636 002
3. The Inspector of Police B-5 Kitchipalayam Police Station, Salem - 636 015.
4. The Public Prosecutor, High Court, Madras.
M.NIRMAL KUMAR, J.
PVS 08-06-2026