T.Muthusamy v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

1. T.Muthusamy.

2. M.Bagavathi.

... Petitioners/Accused /versus/ State By, Inspector of Police, R-5, Virugambakkam Police Station, Chennai.

... Respondent/Complainant.

Prayer: Criminal Original Petition is filed under Section 528 of BNSS, pleased to direct the respondent police not to harass the petitioner and his wife in Crime No.158/2024 on the file of the respondent police, R-5 Virugambakkam Police Station.

For Petitioners : Mr.V.R.Chamuraj, for Mr.K.Pasupathy For Respondent : Mr.K.M.D.Muhilan, Government Advocate (Crl.Side) 1/4

O R D E R

The 1st petitioner herein is the brother of one Arjunan who is suspect in Crime No.158 of 2024, for offences under Section 406, 420 and 120B of I.P.C. Since the said Arjunan has stated before the Police that portion of the crime proceeds been given to this petitioner, who is none other than the brother of the Arjunan who is the suspect in Crime No.156/2024. The police has summoned the petitioners for enquiry.

2. The Learned Counsel for the petitioners states that 1st petitioner purchased his ancestral property in the name of his wife from one Aandi Pandaram to whom his brother Arjunan sold and the petitioners are no way connected with the crime under investigation.

3. The Learned Government Advocate (Crl.Side) appearing for the respondent states that the petitioners appeared for enquiry once and thereafter, he has not turned up for further enquiry. If the petitioners appear for enquiry on receipt of the summons, the Investigating Officer will enquire and rule out 2/4

whether the petitioners have received any proceeds of crime or not. Apart from calling him for enquiry, the petitioners was not harassed in any manner.

4. Considering the facts of the case, this Criminal Original Petition is disposed of, directing the respondent police to issue summons to the petitioners if they want to enquire him in connection with the above said crime and conduct investigation in the manner established under law. 22.10.2024 Index : Yes/No.

: Yes/No.

bsm To:-

1. The Inspector of Police, R-5, Virugambakkam Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras. 3/4

Dr.G.JAYACHANDRAN, J bsm 22.10.2024 4/4