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Madras High CourtCRL OP(MD)/1477/2015ordered

Karuppasamy v. The Superintendent Of Police

2015-03-17Honourable Mr Justice C. T. Selvam23 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)Nos.1477, 1478, 1484, 1485, 1486, 1502, 1505, 1514, 1515, 1518, 1567, 1574, 1592, 1599, 1639, 1695, 1716, 1740, 1741, 1752, 1757, 1860, 1871, 1877, 1885, 1890, 1897, 1922, 1925, 1933, 2009, 2027, 2077, 2090, 2078, 2132, 2137, 2138, 2165, 2172, 2198 Of 2015 (41 cases) and connected miscellaneous petitions KARUPPASAMY ... PETITIONER in CRL OP(MD) No.1477 of 2015 P.ARULANTHU ... PETITIONER in CRL OP(MD) No.1478 of 2015 KALYANI ... PETITIONER in CRL OP(MD) No.1484 of 2015 S.SAMYNATHAN ... PETITIONER in CRL OP(MD) No.1485 of 2015 M.ANTONY RAJA KUMAR ... PETITIONER in CRL OP(MD) No.1486 of 2015 R.SRIRAMULU ... PETITIONER in CRL OP(MD) No.1502 of 2015 L.RAMESH ... PETITIONER in CRL OP(MD) No.1505 of 2015 M.VADIVEL ... PETITIONER in CRL OP(MD) No.1514 of 2015 M.PACKIRAJ ...

PETITIONER in CRL OP(MD) No.1515 of 2015 BUVANESHWARI ... PETITIONER in CRL OP(MD) No.1518 of 2015 PUNNIYAMOORTHI ... PETITIONER in CRL OP(MD) No.1567 of 2015 P.MARIMUTHU ... PETITIONER in CRL OP(MD) No.1574 of 2015 G.WILSON ... PETITIONER in CRL OP(MD) No.1592 of 2015 KR.RM. MUTHUKARUPPAN ... PETITIONER in CRL OP(MD) No.1599 of 2015 SARAVANAN ... PETITIONER in CRL OP(MD) No.1639 of 2015 R.RAJAM ... PETITIONER in CRL OP(MD) No.1695 of 2015 M.K.S SIVANANTHAM ... PETITIONER in CRL OP(MD) No.1716 of 2015 BAGATHSINGH MOHAMMED ... PETITIONER in CRL OP(MD) No.

SUDHA ... PETITIONER in CRL OP(MD) No.1741 of 2015 A. HAJAMOHIDEEN ... PETITIONER in CRL OP(MD) No.1752 of 2015 T. ATHITHAN ... PETITIONER in CRL OP(MD) No.1757 of 2015 R.RAJKUMAR ... PETITIONER in CRL OP(MD) No.1860 of 2015 MEENAKUMARI ... PETITIONER in CRL OP(MD) No.1871 of 2015 JEROME BENEDICT ROSE ... PETITIONER in CRL OP(MD) No.1877 of 2015 STEPHEN PAUL KANI ... PETITIONER in CRL OP(MD) No.1885 of 2015 M.RAJA ... PETITIONER in CRL OP(MD) No.1890 of 2015 E.RAMAKRISHNAN ... PETITIONER in CRL OP(MD) No.1897 of 2015 A.RAMACHANDRAN ... PETITIONER in CRL OP(MD) No.1922 of 2015 A. HAJAMOHIDEEN ... PETITIONER in CRL OP(MD) No.1925 of 2015 P.VELMURUGAN ... PETITIONER in CRL OP(MD) No.1933 of 2015 JOHN PUSHPARAJ ... PETITIONER in CRL OP(MD) No.2009 of 2015 THARMARAJ ... PETITIONER in CRL OP(MD) No.2027 of 2015 Y.JOHN KENNADY ...

PETITIONER in CRL OP(MD) No.2077 of 2015 Y.PALAS ... PETITIONER in CRL OP(MD) No.2090 of 2015 M.VADIVEL ... PETITIONER in CRL OP(MD) No.2078 of 2015 R.ASHOKAN ... PETITIONER in CRL OP(MD) No.2132 of 2015 A.R.KARUPPIAH ... PETITIONER in CRL OP(MD) No.2137 of 2015 P.M.MOHAMMED MOHAIDEEN... PETITIONER in CRL OP(MD) No.2138 of 2015 VELLAICHAMY ... PETITIONER in CRL OP(MD) No.2165 of 2015 RA.AYYANKALAI ... PETITIONER in CRL OP(MD) No.2172 of 2015 S.P.MANICKAM ... PETITIONER in CRL OP(MD) No.

1 THE SUPERINTENDENT OF POLICE THENI DISTRICT, THENI 2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THENI DISTRICT, THENI ... RESPONDENTS in CRL OP(MD) No.1477 of 2015 1 THE SUPERINTENDENT OF POLICE RAMNAD DIST 2 THE INSPECTOR OF POLICE EMMENISHWARAM POLICE STATION, PARAMAKUDI TALUK, RAMNAD DIST ... RESPONDENTS in CRL OP(MD) No.1478 of 2015 1 THE SUPERINTENDENT OF POLICE TRICHY DIST 2 THE INSPECTOR OF POLICE LAND GRAB, TRICHY DIST ... RESPONDENTS in CRL OP(MD) No.1484 of 2015 1 THE SUPERINTENDENT OF POLICE TIRUNELVELI DIST 2 THE INSPECTOR OF POLICE CHOKKAMPATTI POLICE STATION, TENKASI TALUK, TIRUNELVELI DIST ... RESPONDENTS in CRL OP(MD) No.1485 of 2015 1 THE SUPERINTENDENT OF POLICE TIRUNELVELI DISTRICT, TIRUNELVELI.

2 THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION, RADHAPURAM TIRUNELVELI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1486 of 2015 THE SUB INSPECTOR OF POLICE TALUK POLICE STATION SRIVILLIPUTTUR VIRUDHUNAGAR DISTRICT.

... RESPONDENT in CRL OP(MD) No.1502 of 2015 1 THE COMMISSIONER OF POLICE MADURAI CITY, MADURAI.

2 THE INSPECTOR OF POLICE SUBRAMANIAPURAM POLICE STATION, SUBRAMANIAPURAM, MADURAI.

... RESPONDENTS in CRL OP(MD) No.1505 of 2015 1 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT.

2 THE INSPECTOR OF POLICE LAND GRABBING CELL, DINDIGUL DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1514 of 2015 1 THE SUPERINTENDENT OF POLICE THENI DISTRICT, THENI.

2 THE INSPECTOR OF POLICE ANTI-LAND GRABBING CELL, THENI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1515 of 2015 1 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT, DINDGIUL.

2 THE INSPECTOR OF POLICE DINDIGUL TOWN NORTH POLICE STATION,DINDIGUL DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1518 of 2015 1 THE SUPERINTENDENT OF POLICE PUDUKKOTTAI 2 THE INSPECTOR OF POLICE ANTI LAND GRABBING CELL, PUDUKKOTTAI DIST ... RESPONDENTS in CRL OP(MD) No.1567 of 2015 1 THE COMMISSIONER OF POLICE MADURAI DIST 2 THE INSPECTOR OF POLICE ANNA NAGAR POLICE STATION,MADURAI DIST ... RESPONDENTS in CRL OP(MD) No.1574 of 2015 1 THE SUPERINTENDENT OF POLICE KANYAKUMARI DISTRICT, NAGERCOIL.

2 THE SUB INSPECTOR OF POLICE KEERIPARAI POLICE STATION, KEERIPARAI KANYAKUAMRI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1592 of 2015 THE INSPECTOR OF POLICE DEVAKOTTAI POLICE STATION, SIVAGANGAI DT ... RESPONDENTS in CRL OP(MD) No.1599 of 2015 1 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT 2 THE INSPECTOR OF POLICE CHEKKANOORANI POLICE STATION, MADURAI DT.

... RESPONDENTS in CRL OP(MD) No.1639 of 2015 1 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT.

2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL, DINDIGUL DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1695 of 2015 1 THE INSPECTOR OF POLICE URAIYUR POLICE STATION, TRICHY 2 THE COMMISSIONER OF POLICE TRICHY CITY, TRICHY ... RESPONDENTS in CRL OP(MD) No.1716 of 2015 1 THE COMMISSIONER OF POLICE TIRUNELVELI CITY, TIRUNELVELI 2 THE INSPECTOR OF POLICE MELAPPALAYAM POLICE STATION, MELAPALAYAM TIRUNELVELI ... RESPONDENTS in CRL OP(MD) No.1740 of 2015 1 THE COMMISSIONER OF POLICE MADURAI CITY, MADURAI 2 THE ASST. COMMISSIONER OF POLICE, MADURAI CITY, MADURAI

3 THE INSPECTOR OF POLICE JAIHINDPURAM POLICE STATION, MADURAI ... RESPONDENTS in CRL OP(MD) No.1741 of 2015 1 THE SUPERINTENDENT OF POLICE RAMANATHAPURAM DISTRICT, RAMANATHAPURAM 2 THE INSPECTOR OF POLICE B1 TOWN POLICE STATION, RAMANATHAPURAM RAMANATHAPURAM DIST.

... RESPONDENTS in CRL OP(MD) No.1752 of 2015 1 THE DEPUTY INSPECTOR GENERAL OF POLICE, TIRUNELVELI RANGE 2 THEI NSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DT. ... RESPONDENTS in CRL OP(MD) No.1757 of 2015 THE INSPECTOR OF POLICE KARIMEDU POLICE STATION, MADURAI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1860 of 2015 1 THE COMMISSIONER OF POLICE TRICHY DISTRICT, TRICHY.

2 THE INSPECTOR OF POLICE CANTONMENT POLICE STATION, TRICHY DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1871 of 2015 1 THE SUPERINTENDENT OF POLICE KANIYAKUMARI DISTRICT, KANYAKUAMRI.

2 THE DEPUTY SUPERINTENDENT OF POLICE NAGERCOIL, KANIYAKUMARI DISTRICT.

3 THE INSPECTOR OF POLICE KULITHALAI POLICE STATION, KANIYAKUMARI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1877 of 2015 1 THE SUPERINTENDENT OF POLICE TIRUNELVELI DISTRICT, TIRUNELVELI.

2 THE INSPECTOR OF POLICE MUKKUDAL POLICE STATION, TIRUNELVELI DISTRIT. ... RESPONDENTS in CRL OP(MD) No.1885 of 2015

1 THE DISTRICT COLLECTOR MADURAI DISTRICT.

2 THE INSPECTOR GENERAL OF POLICE, SOUTH ZONE, MADURAI.

3 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT, MADURAI.

4 THE DEPUTY SUPERINTENDENT OF POLICE USILAMPATTI, MADURAI DISTRICT.

5 THE SUB INSPECTOR OF POLICE UTHAPPANIAICKANOOR POLICE STATION, MADURAI.

... RESPONDENTS in CRL OP(MD) No.1890 of 2015 1 THE COMMISSIONER OF POLICE TIRUNELVELI CITY, TIRUNELVELI.

2 THE INSPECTOR OF POLICE TIRUNELVELI TOWN POLICE STAITON,TIRUNELVELI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1897 of 2015 1 THE SUPERINTENDENT OF POLICE SUPERINTENDENT OF POLICE OFFICE,DINDIGUL DISTRICT. 2 THE INSPECTOR OF POLICE NILAKOTTAI POLICE STATION, DINDIGUL.

... RESPONDENTS in CRL OP(MD) No.1922 of 2015 1 THE SUPERINTENDENT OF POLICE RAMANATHAPURAM DIST, RAMANATHAPURAM 2 THE INSPECTOR OF POLICE KENNIKARAI POLICE STATION, RAMANATHAPURAM DIST ... RESPONDENTS in CRL OP(MD) No.1925 of 2015 1 THE ASSISTANT COMMISSIONER OF POLICE MADURAI CITY (CRIME BRANCH),MADURAI.

2 THE INSPECTOR OF POLICE SELLUR POLICE STATION, MADURAI.

... RESPONDENTS in CRL OP(MD) No.1933 of 2015

1 THE SUPERINTENDENT OF POLICE KANYAKUMARI DISTRICT, AT NAGERCOIL.

2 THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION,KANYAKUMARI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.2009 of 2015 1 THE SUPERINTENDENT OF POLICE NAGERCOIL, KANYAKUMARI DISTRICT.

2 THE INSPECTOR OF POLICE KARUNGAL POLICE STATION,KARUNGAL, KANYAKUMARI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.2027 of 2015 1 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT, DINDIGUL.

2 THE INSPECTOR OF POLICE SANARPATTI POLICE STATION,SANARPATTI DINDIGUL DISTRICT.

... RESPONDENTS in CRL OP(MD) No.2077 of 2015 1 THE SUPERINTENDENT OF POLICE KANYAKUMARI DISTRICT, NAGERCOIL.

2 THE INSPECTOR OF POLICE NITHIRAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.2090 of 2015 1 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT.

2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH (LAND GRABBING CELL), DINDIGUL DISTRICT.

... RESPONDENTS in CRL OP(MD) No.2078 of 2015 1 THE SUPERINTENDENT OF POLICE TRICHY DISTRICT, TRICHY.

2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TRICHY.

... RESPONDENTS in CRL OP(MD) No.2132 of 2015

THE INSPECTOR OF POLICE ODDANCHATHIRAM POLICE STATION, DINDIGUL DISTRICT. ... RESPONDENTS in CRL OP(MD) No.2137 of 2015 1 THE COMMISSIONER OF POLICE TIRUNELVELI CITY, TIRUNELVELI DISTRICT.

2 THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUNELVELI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.2138 of 2015 1 THE SUPERINTENDENT OF POLICE TRICHY DISTRICT.

2 THE INSPECTOR OF POLICE VALANADU POLICE STATION, TRICHY DISTRICT.

... RESPONDENTS in CRL OP(MD) No.2165 of 2015 1 THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, AZHAKARKOVIL ROAD, MADURAI, MADURAI DISTRICT-7. 2 THE INSPECTOR OF POLICE PERUNGUDI POLICE STATION, MADURAI,MADURAI DISTRICT-625 022. ... RESPONDENTS in CRL OP(MD) No.2172 of 2015 1 THE SUPERINTENDENT OF POLICE PUDUKKOTTAI DT.

2 THE DEPUTY SUPERINTENDENT OF POLICE PONNMARAVATI, PUDUKKOTTAI DIST.

3 THE INSPECTOR OF POLICE PONNMARAVATHI POLICE STATION, PUDUKKOTTAI DIST.

... RESPONDENTS in CRL OP(MD) No.2198 of 2015 Prayer in CRL OP(MD) No.1477 of 2015:

To grant direction, directing the respondents to take the complaint dated 21.07.2014 made by the petitioner into investigation and register the same in accordance with law and file final report before the learned Judicial Magistrate Court, within the time limit that may be stipulated by this Hon'ble Court

Prayer in CRL OP(MD) No.1478 of 2015:

To issue a direction directing the 2nd respondent to register a case on the complaint of the petitioner dated 21.01.2015.

Prayer in CRL OP(MD) No.1484 of 2015:

To direct the 2nd respondent to register the case on the petitioner complaint dated 26.08.2014.

Prayer in CRL OP(MD) No.1485 of 2015:

To direct the 2nd respondent to register a case on the complaint given by the petitioner dated 22.01.2015 and to investigate the same in accordance with law.

Prayer in CRL OP(MD) No.1486 of 2015:

To direct the respondents to register the case on the complaint dated 20.12.2014 given by the petitioner. Prayer in CRL OP(MD) No.1502 of 2015:

To direct the respondent to register a case on the basis of the petitioner's complaint dated 18.12.2014. Prayer in CRL OP(MD) No.1505 of 2015:

To directing the respondents to register the FIR on basis of the complaint of the petitioner dated 22.01.2015. Prayer in CRL OP(MD) No.1514 of 2015:

To directing the 2nd respondent herein to register the FIR based on the complaint of the petitioner dated 9.10.2014 in accordance with law.

Prayer in CRL OP(MD) No.1515 of 2015:

To direct the 2nd respondent a criminal case against the culprits based upon the complaint dated 07.01.2015 given by the petitioner.

Prayer in CRL OP(MD) No.1518 of 2015:

To direct the 2nd respondent to register a case on the complaint given by the petitioner dated 19.01.2015. Prayer in CRL OP(MD) No.1567 of 2015:

To issue a direction, directing the respondents to register the FIR on the basis of the complaint of the petitioner dated 18/04/2013.

Prayer in CRL OP(MD) No.1574 of 2015:

To direct the respondents to register the case based on the petitioner complaint dated 20.01.2015.

Prayer in CRL OP(MD) No.1592 of 2015:

To direct the 2nd respondent to register the case against the accused on the basis of the complaint lodged by the petitioner herein on19.11.2014 to the 1st respondent herein and forwarded the same by him to the 2nd respondent on 19.11.2014. Prayer in CRL OP(MD) No.1599 of 2015:

To direct the Respondent to register the case based upon the petitioner complaint dated 19/05/2014.

Prayer in CRL OP(MD) No.1639 of 2015:

To direct the respondent herein to register the FIR on the basis of the complaint given by the petitioner dated 20.01.2015 Prayer in CRL OP(MD) No.1695 of 2015:

To issue direction, directing the 2nd respondent the registered a case based on the complaint dated 01.12.2014 Prayer in CRL OP(MD) No.1716 of 2015:

To direct the first respondent police to register a case based on the complaint of the petitioner dated 05/01/2015 given before the first respondent.

Prayer in CRL OP(MD) No.1740 of 2015:

To direct the respondents to register a case against the accused on the complaint dated 14.01.2015 Prayer in CRL OP(MD) No.1741 of 2015:

To direct the 3rd respondent to register a criminal case against the accused persons based on the complaint dated 28.01.2015 and to investigate the same in accordance with law Prayer in CRL OP(MD) No.1752 of 2015:

To direct the 2nd respondent to register a case based on the petitioner's complaint dated 09.11.2013 Prayer in CRL OP(MD) No.1757 of 2015:

To direct the 2nd respondent to register a case based on the petitioner's complaint dated 31.05.2014 Prayer in CRL OP(MD) No.1860 of 2015:

To direct the respondent herein to take immediate action and to register a case for the complaint preferred by the petitioner dated 08.01.2015.

Prayer in CRL OP(MD) No.1871 of 2015:

To direct the 2nd respondent to register a case against the accused on the complaint dated 26.12.2014.

Prayer in CRL OP(MD) No.1877 of 2015:

To direct the 1st and 2nd respondent to register the case based on the petitioner's complaint dated 30.12.2014 against the proposed accused and proceed the same as per law. Prayer in CRL OP(MD) No.1885 of 2015:

To issue a direction to the 2nd respondent herein to register the complaint given by the petitioner dated 18.12.2014 and take necessary action within the time stipulated by this Court.

Prayer in CRL OP(MD) No.1890 of 2015:

To direction to the 5th respondent herein to register the complaint given by the petitioner dated 31.1.2015 and take necessary action within the time stipulated by this Honourable Court.

Prayer in CRL OP(MD) No.1897 of 2015:

To direct the 2nd respondent to register the FIR on the basis of petitioner's complaint dated 08.12.2014 made before the 1st respondent.

Prayer in CRL OP(MD) No.1922 of 2015:

To direct the respondents to take immediate action against the culprits based on the petitioner's complaint dated 09.01.2015 and also direct the respondent to file a final report before this Honourable Court.

Prayer in CRL OP(MD) No.1925 of 2015:

To direct the Respondents to register a case based on the petitioner's complaint dated 04/08/2014.

Prayer in CRL OP(MD) No.1933 of 2015:

To direct the respondents police to register the case based upon the complaint of the petitioner dated 03.01.2015. Prayer in CRL OP(MD) No.2009 of 2015:

To pass an order or direction directing the 1st respondent to instruct the 2nd respondent to register a case against the proposed accused based on the petitioner's complaint dated 30.08.2014 and conduct investigation in accordance with law and file the final report after concluding the investigation. Prayer in CRL OP(MD) No.2027 of 2015:

To issue a direction to the 1st respondent police to register a case on the petitioners complaint dated 11.01.2014 Prayer in CRL OP(MD) No.2077 of 2015:

To direct the 2nd respondent to register the case on the petitioners complaint dated 02.02.2015 and proceed with the same

as per law, within the time frame fixed by this Court. Prayer in CRL OP(MD) No.2090 of 2015:

To direct the 2nd respondent police to register the case, based on the petitioner complaint dated 24.01.2015. Prayer in CRL OP(MD) No.2078 of 2015:

To directing the 2nd respondent herein to register the FIR based on the complaint of the petitioner dated 11.12.2014 in accordance with law.

Prayer in CRL OP(MD) No.2132 of 2015:

To direct the 2nd respondent to register a case on the complaint of the petitioner dated 03.12.2014 on the file of respondent police and also direct then to investigate the same and to file a final report.

Prayer in CRL OP(MD) No.2137 of 2015:

To direct the respondent to register a FIR on the basis of complaint given by the petitioner date 18.12.2014. Prayer in CRL OP(MD) No.2138 of 2015:

To direct the 2nd respondent to register FIR on the petitioner's complaint dated 12.11.2014 in accordance with law. Prayer in CRL OP(MD) No.2165 of 2015:

To directing 1st respondent to instruct the 2nd respondent to register a case against the proposed accused based on the petitioner's complaint dated 22.01.2015 and conduct investigation in accordance with law and file the final report after concluding the investigation.

Prayer in CRL OP(MD) No.2172 of 2015:

To issue necessary direction to the 2nd respondent to register the case on the petitioner strength of the complaint dated 29.12.2014.

Prayer in CRL OP(MD) No.2198 of 2015:

To direct the 3rd respondent police to register a case on the complaint dated 04.10.2014 given by the petitioner against the accused namely Selvaraj son of Alagan mentioned in the complaint. For Petitioner:

: Mr.G. THALAIMUTHARASU in CRL OP(MD) No.1477 of 2015 : Mr.S.C.HEROLD SINGH in CRL OP(MD) No.1478 of 2015

: Mr.S. MUTHUKRISHNAN in CRL OP(MD) No.1484 of 2015 : Mr. R. RAJAMOHAN in CRL OP(MD) No.1485 of 2015 : Mr. K. SUDALAIYANDI in CRL OP(MD) No.1486 of 2015 : Mr.A. SIVAJI in CRL OP(MD) No.1502 of 2015 : Mr. R. MANOHARAN in CRL OP(MD) No.1505 of 2015 : Mr.J.ANANDKUMAR in CRL OP(MD) No.1514 of 2015 : Mr.C.JEYAPRAKASH in CRL OP(MD) No.1515 of 2015 : Mr.V.KANNAN in CRL OP(MD) No.1518 of 2015 : Mr.K.BAALASUNDHARAM in CRL OP(MD) No.1567 of 2015 : Mr.R.SENTHIL KUMAR in CRL OP(MD) No.1574 of 2015 : Mr.G.V.VAIRAM SANTHOSH in CRL OP(MD) No.1592 of 2015 : Mr.R.S.T.RAVANAN in CRL OP(MD) No.1599 of 2015 : Mr.M.SELVENDRAN in CRL OP(MD) No.1639 of 2015 : Mr.R.SURESH KUMAR in CRL OP(MD) No.1695 of 2015 : Mr.S.RAVI in CRL OP(MD) No.1716 of 2015 : Mr.K.SEEMARAJ in CRL OP(MD) No.1740 of 2015

: Mr.V.PERUMAL in CRL OP(MD) No.1741 of 2015 : Mr.K.SUDALAIYANDI in CRL OP(MD) No.1752 of 2015 : Mr.M.SARAVANAN in CRL OP(MD) No.1757 of 2015 : Mr.K.SHANMUGA RAJA in CRL OP(MD) No.1860 of 2015 : Mr.N.ANANDAKUMAR in CRL OP(MD) No.1871 of 2015 : Mr.C.M.ARUMUGAM in CRL OP(MD) No.1877 of 2015 : Mr.S.SATHYA CHIDAMBARAM in CRL OP(MD) No.1885 & 1890 of 2015 : Mr.J.JEYAKUMARAN in CRL OP(MD) No.1897 of 2015 : Mr.N.NAGARAJAN in CRL OP(MD) No.1922 of 2015 : Mr.K.SUDALAIYANDI in CRL OP(MD) No.1925 of 2015 : Mr.M.SRIDHARAN in CRL OP(MD) No.1933 of 2015 : Mr.D.CHRISTENSON JUGUNU in CRL OP(MD) No.2009,2198,2165 of 2015 : Mr.N.DILIP KUMAR in CRL OP(MD) No.2027 of 2015 : Mr. S. KARTHICK in CRL OP(MD) No.2077 of 2015 : Ms.P.KALAIYARASI BHARATHI in CRL OP(MD) No.2090 of 2015 : Mr.J. ANANDKUMAR in CRL OP(MD) No.2078 of 2015

: Mr.S. DEVASENA in CRL OP(MD) No.2132 of 2015 : Mr.V. SASIKUMAR in CRL OP(MD) No.2137 of 2015 : Mr.M.SUBASH BABU in CRL OP(MD) No.2138 of 2015 : Mr.F.DEEPAK in CRL OP(MD) No.2172 of 2015 : Mr.A.K. MANICKAM in CRL OP(MD) No.2198 of 2015 For Respondent :

: MR.K.V.RAJARAJAN Government Advocate(Criminal Side) IN ALL OPs COMMON ORDER For the past two and a half months, this Court has been passing the following orders on petitions seeking registration of complaint:

"By way of an interim order, this Court directs respondent police to peruse the complaint preferred by petitioner herein and register a case if the same informs commission of cognizable offence. In particular instances, respondent police may resort to a petition enquiry which again shall not extend beyond a period of one week. This order is made towards effecting and ensuring compliance with the decision of the Apex Court in Lalita Kumari vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)]. It is expected that respondent police will follow the dictate of the Apex Court in the aforesaid judgment in letter and spirit and not give room for any further action at the hands of this Court. In the event of respondent police not being in receipt of complaint allegedly preferred before them by petitioner, it would always be open for respondent police to inform such position at the next hearing date.

Post after two weeks."

Despite the same, we note that generally, action of the respondents have been more in the breach than in observance.

2. The matter is one of grave concern. Despite the decision of the Apex Court in Lalita Kumari vs. Govt. of U.P.& Others (2013

(4) Crimes 243 (SC)) and despite the repeated direction of this Court requiring action of respondent police, the respondent police ever so often, are found to conduct themselves with gay abandon.

3. This Court, therefore, directs the respondents to strictly follow the mandate in Lalita Kumari vs. Govt. of U.P.& Others (2013 (4) Crimes 243 (SC)) and register cases without fail, where reading of the complaint informs congnizable offences. Their failure to do so would be actionable in contempt at the hands of the respective petitioners. Respondent Police may also note that if their resorting to conduct of petition enquiry, is seen as a ruse to avoid the registration of a case, the same would be actionable in contempt. We would also add a word in caution that the decision of the Apex Court in Arnesh Kumar vs. State of Bihar and Another reported in (2014) 3 MLJ (Crl) (SC) scrupulously is to be followed. Such decision in paragraph Nos.9, 14 and 15, inform thus:

"9. From a plain reading of the aforesaid provision, it is evident that a person accused of offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years with or without fine, cannot be arrested by the police officer only on its satisfaction that such person had committed the offence punishable as aforesaid.

Police officer before arrest, in such cases has to be further satisfied that such arrest is necessary to prevent such person from committing any further offence; or for proper investigation of the case; or to prevent the accused from causing the evidence of the offence to disappear; or tampering with such evidence in any manner; or to prevent such person from making any inducement, threat or promise to a witness so as to dissuade him from disclosing such facts to the Court or the police officer; or unless such accused person is arrested, his presence in the court whenever required cannot be ensured. These are the conclusions, which one may reach based on facts.

Law mandates the police officer to state the facts and record the reasons in writing which led him to come to a conclusion covered by any of the provisions aforesaid, while making such arrest. Law further requires the police officers to record the reasons in writing for not making the arrest. In pith and core, the police office before arrest must put a question to himself, why arrest? Is it really required? What purpose it will serve? What object it will achieve? It is only after these questions are addressed and one or the other conditions as enumerated above is satisfied, the power of arrest needs to be exercised. In fine, before arrest first the police officers should have reason to believe on the basis of information and material that the accused has committed the offence.

has to be satisfied further that the arrest is necessary for one or the more purposes envisaged by sub-clauses (a) to (e) of clause (1) of Section 41 of Cr.P.C. 14.Our endeavour in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorize detention casually and mechanically. In order to ensure what we have observed above, we give the following direction:

(1) All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;

(2) All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii);

(3) The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;

(4) The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention;

(5) The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing;

(6) Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;

(7) Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of

court to be instituted before High Court having territorial jurisdiction.

(8) Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

15.We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine. 4.These petitions are ordered as above. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1 THE SUPERINTENDENT OF POLICE, THENI DISTRICT, THENI 2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THENI DISTRICT, THENI 3 THE SUPERINTENDENT OF POLICE RAMNAD DIST 4 THE INSPECTOR OF POLICE EMMENISHWARAM POLICE STATION, PARAMAKUDI TALUK, RAMNAD DIST 5 THE SUPERINTENDENT OF POLICE TRICHY DIST 6 THE INSPECTOR OF POLICE LAND GRAB, TRICHY DIST 7 THE SUPERINTENDENT OF POLICE TIRUNELVELI DIST

8 THE INSPECTOR OF POLICE CHOKKAMPATTI POLICE STATION, TENKASI TALUK, TIRUNELVELI DIST 9 THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION, RADHAPURAM TIRUNELVELI DISTRICT.

10 THE SUB INSPECTOR OF POLICE TALUK POLICE STATION SRIVILLIPUTTUR VIRUDHUNAGAR DISTRICT.

11 THE COMMISSIONER OF POLICE MADURAI CITY, MADURAI.

12 THE INSPECTOR OF POLICE SUBRAMANIAPURAM POLICE STATION, SUBRAMANIAPURAM, MADURAI.

13 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT.

14 THE INSPECTOR OF POLICE LAND GRABBING CELL, DINDIGUL DISTRICT.

15 THE INSPECTOR OF POLICE ANTI-LAND GRABBING CELL, THENI DISTRICT.

16 THE INSPECTOR OF POLICE DINDIGUL TOWN NORTH POLICE STATION,DINDIGUL DISTRICT. 17 THE SUPERINTENDENT OF POLICE PUDUKKOTTAI 18 THE INSPECTOR OF POLICE ANTI LAND GRABBING CELL, PUDUKKOTTAI DIST 19 THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI 20 THE SUPERINTENDENT OF POLICE KANYAKUMARI DISTRICT, NAGERCOIL.

21 THE SUB INSPECTOR OF POLICE KEERIPARAI POLICE STATION, KEERIPARAI KANYAKUAMRI DISTRICT.

22 THE INSPECTOR OF POLICE DEVAKOTTAI POLICE STATION, SIVAGANGAI DT

23 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT 24 THE INSPECTOR OF POLICE CHEKKANOORANI POLICE STATION, MADURAI DT.

25 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL, DINDIGUL DISTRICT. 26 THE INSPECTOR OF POLICE URAIYUR POLICE STATION, TRICHY 27 THE COMMISSIONER OF POLICE TRICHY CITY, TRICHY 28 THE COMMISSIONER OF POLICE TIRUNELVELI CITY, TIRUNELVELI 29 THE INSPECTOR OF POLICE MELAPPALAYAM POLICE STATION, MELAPALAYAM TIRUNELVELI 30 THE ASST. COMMISSIONER OF POLICE, MADURAI CITY, MADURAI 31 THE INSPECTOR OF POLICE JAIHINDPURAM POLICE STATION, MADURAI 32 THE INSPECTOR OF POLICE, B1 TOWN POLICE STATION, RAMANATHAPURAM, RAMANATHAPURAM DIST.

33 THE DEPUTY INSPECTOR GENERAL OF POLICE, TIRUNELVELI RANGE 34 THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DT. 35 THE INSPECTOR OF POLICE KARIMEDU POLICE STATION, MADURAI DISTRICT.

36 THE INSPECTOR OF POLICE CANTONMENT POLICE STATION, TRICHY DISTRICT.

37 THE DEPUTY SUPERINTENDENT OF POLICE NAGERCOIL, KANIYAKUMARI DISTRICT.

38 THE INSPECTOR OF POLICE KULITHALAI POLICE STATION, KANIYAKUMARI DISTRICT.

39 THE INSPECTOR OF POLICE MUKKUDAL POLICE STATION, TIRUNELVELI DISTRICT. 40 THE DISTRICT COLLECTOR MADURAI DISTRICT.

41 THE INSPECTOR GENERAL OF POLICE, SOUTH ZONE, MADURAI.

42 THE DEPUTY SUPERINTENDENT OF POLICE USILAMPATTI, MADURAI DISTRICT.

43 THE SUB INSPECTOR OF POLICE UTHAPPANIAICKANOOR POLICE STATION, MADURAI.

44 THE INSPECTOR OF POLICE TIRUNELVELI TOWN POLICE STAITON,TIRUNELVELI DISTRICT. 45 THE INSPECTOR OF POLICE NILAKOTTAI POLICE STATION, DINDIGUL.

46 THE INSPECTOR OF POLICE KENNIKARAI POLICE STATION, RAMANATHAPURAM DIST 47 THE ASSISTANT COMMISSIONER OF POLICE MADURAI CITY (CRIME BRANCH),MADURAI.

48 THE INSPECTOR OF POLICE SELLUR POLICE STATION, MADURAI.

49 THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION,KANYAKUMARI DISTRICT. 50 THE INSPECTOR OF POLICE KARUNGAL POLICE STATION,KARUNGAL, KANYAKUMARI DISTRICT. 51 THE INSPECTOR OF POLICE SANARPATTI POLICE STATION,SANARPATTI DINDIGUL DISTRICT.

52 THE INSPECTOR OF POLICE NITHIRAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

53 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH (LAND GRABBING CELL), DINDIGUL DISTRICT.

54 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TRICHY.

55 THE INSPECTOR OF POLICE ODDANCHATHIRAM POLICE STATION, DINDIGUL DISTRICT. 56 THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUNELVELI DISTRICT.

57 THE INSPECTOR OF POLICE VALANADU POLICE STATION, TRICHY DISTRICT.

58 THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, AZHAKARKOVIL ROAD, MADURAI, MADURAI DISTRICT-7. 59 THE INSPECTOR OF POLICE PERUNGUDI POLICE STATION, MADURAI,MADURAI DISTRICT-625 022. 60 THE DEPUTY SUPERINTENDENT OF POLICE PONNMARAVATI, PUDUKKOTTAI DIST.

61 THE INSPECTOR OF POLICE PONNMARAVATHI POLICE STATION, PUDUKKOTTAI DIST.

+2cc to Mr.D.CHRISTENSON JUGUNU,Advocate Sr.No. 12762 & 12763 +1cc to Mr.V.SASIKUMAR,Advocate Sr.No.13286 +1cc to Mr.P.KALAIYARASI BHARATHI,Advocate Sr.No.13180 +1cc to Mr.S.RAVI,Advocate Sr.No.

13350 +1cc to Mr.R.RAJMOHAN,Advocate Sr.No. 12853 am AA/28.04.2015/23p-68c/ Crl.O.P.(MD)Nos.1477,1478,1484, 1485, 1486, 1502, 1505, 1514, 1515, 1518, 1567, 1574, 1592,1599, 1639, 1695, 1716, 1740, 1741, 1752,1757, 1860, 1871,1877, 1885, 1890, 1897,1922,1925, 1933, 2009, 2027, 2077,2090, 2078, 2132, 2137, 2138,2165, 2172, 2198 of 2015(41 cases) and connected miscellaneous petitions 17.03.2015