Carelin Sham v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2025

CORAM:

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA Carelin Sham ... Petitioner Vs.

The State of Tamilnadu rep. by The Inspector of Police W-22 All Women Police Station Mylapore, Chennai - 600 004 ... Respondent PRAYER: Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the respondent not to harass the petitioner under the guise of the enquiry in respect of Crime No.21 of 2025 (on the file of Inspector of Police, W-22, All Women Police Station, Mylapore, Chennai) and further direct the respondent to return the mobile phone of the petitioner which is retained during investigation.

For Petitioner : Mr.T.Shanmugam For Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side) 1/4

O R D E R

This Criminal Original Petition has been filed to direct the respondent not to harass the petitioner under the guise of the enquiry in respect of Crime No.21 of 2025 on the file of the respondent police and further direct the respondent police to return the mobile phone of the petitioner, which is retained during investigation.

2. The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that the petitioner's husband who is a School Teacher, is an accused in Crime No.21 of 2025, registered for the offences under Section 351 of BNS and Sections 9(f) read with 10 read with 17 of POCSO Act @ to Section 351 BNS and Sections 9(f) read with 10 read with 17 and 21 of POCSO Act. Since the petitioner's husband was absconding, the respondent police summoned the petitioner as well as her brother-in-law to get information regarding the whereabouts of the accused. Other than that, the respondent police have not harassed the petitioner.

3. When the matter was taken up in the morning, it was submitted by Mr.T.Shanmugam, learned counsel for the petitioner that the mobile phone belonging to the petitioner has been retained by the respondent police. Hence, this Court had directed the respondent police to return the mobile 2/4

phone to the petitioner pursuant to which, the mobile phone is brought to this Court by the respondent police in the afternoon and handed over to the counsel for the petitioner. The learned counsel for the petitioner acknowledged the receipt of the mobile phone.

4. In view of the above, this Criminal Original Petition is disposed of with a direction to the respondent police that while calling the petitioner for enquiry, she shall not be harassed.

14.11.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order To

1. The Inspector of Police W-22 All Women Police Station Mylapore, Chennai - 600 004

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

A.D.JAGADISH CHANDIRA J.

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