Madras High CourtCRL OP(MD)/1045/2021disposed of

Avudaithai v. The Superintendent Of Police

2021-01-27Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.1045 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.1045 of 2021 1.Avudaithai 2.Thangaperumal ... Petitioners Vs.

1.The State Represented by The Superintendant of Police, Thoothukudi District.

2.The Inspector of Police, Kovilpatti (West) Police Station, Thoothukudi District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent not to harass the petitioners under the guise of an enquiry. For Petitioners : Mr.J.Joseph Zinson For Respondents : Mr.R.Erottuchamy Government Advocate (Criminal side)

ORDER

This petition has been filed seeking for a direction to the second respondent not to harass the petitioners under the guise of an enquiry.

2.Mr.R.Erottuchamy, learned Government Advocate (Criminal side), who accepts notice on behalf of the respondents, on instructions, would contend that the first petitioner's sonKarukuvel abducted a minor girl and the First Information Report in Crime No.06 of 2021 was registered by Kovilpatti (West) Police Station, Thoothukudi District for the offences punishable under Sections 5(1) r/w 6 of POCSO Act 2012 and Section 3(1)(w)(1) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities), Amendment Act, 2015 and that the first petitioner's son is also absconding. According to him, the petitioners are not at all harassed by the respondents.

3.Per contra, Mr.J.Joseph Zinson, learned counsel for the petitioners would contend that the first petitioner's son surrendered before the learned Judicial Magistrate No.II, Thoothukudi on 08.01.2021 and he was remanded to judicial custody on the same day.

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Crl.O.P.(MD)No.1045 of 2021 4.Recording the said submissions made by both the counsels, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) sji Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Judicial Magistrate No.II, Thoothukudi. 2.The Chief Judicial Magistrate , Thoothukudi. 3.The Superintendant of Police, Thoothukudi District.

4.The Inspector of Police, Kovilpatti (West) Police Station, Thoothukudi District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.1045 of 2021 27.01.2021 ARK(CO) KB(11.02.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2