Bairavan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.OP.NO.21078 OF 2021 Bairavan ... Petitioner

Versus

1. The Commissioner of Police, Commissioner Officer Building, Vepery, Periyamedu, Chennai - 600 007.

2. The Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai.

... Respondents PRAYER:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent herein not to harass the petitioner.

For Petitioner :

Mr.S.Suresh For Respondents : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the second respondent herein not to harass the petitioner. 2.The contention of the petitioner is that in the guise of enquiry the petitioner has been unnecessarily called and harassed. The petitioner hails from Srivilliputhur and doing business in Srivilliputhur. He used to visit Chennai to meet his in-laws and at that time one Vinodhini had approached the petitioner for some help. Apart from rendering help, he had nothing to do with the said Vinodhini. In the guise of false enquiry the petitioner had been called at odd hours to the

police station by the second respondent police and force him to stay in the police station through out the day and his family members viz., his wife and children have also been called for enquiry. Hence he filed this above petition.

3. The learned Additional Public Prosecutor submits that one Vinodhini of Pallikaranai had lodged a complaint to the second respondent police on 30.09.2020 to the Deputy Commissioner of Police, which was forwarded vide R.C.No.164/ADC CWC/SZ/V/2020. Thereafter the second respondent had called the petitioner on the complaint of the said Vinodhini stating that she is pregnant of nine months. Earlier she was married another person and got separated and living separately. Now, she is having illicit relationship with the petitioner and out of their relationship a girl child was born and now she is nine month pregnant, for the reason best known the petitioner now not taken care of the said pregnant Vinodhini and her child. In view of the same, she had lodged a complaint. Hence, the petitioner is needed for enquiry.

4. The learned counsel appearing for the petitioner undertakes to appear before the respondent police as and when required.

5. Considering the submissions and the undertaking given by the petitioner, this Court finds that for the allegation with the counter complainant, the family members of the petitioner viz., wife and children need not be disturbed and the petitioner is directed to appear before the respondent police as and when required.

6. With the above directions, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ah To 1.

The Commissioner of Police, Commissioner Officer Building, Vepery, Periyamedu, Chennai - 600 007.

2.

The Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai.

3.

The Public Prosecutor, High Court, Madras.

CRL.OP.NO.21078 OF 2021 PMK(CO) PBS/03/12/2021