Vivekananthan v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Vivekananthan ... Petitioner Vs.

1.The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the second respondent herein to not to harass the petitioner on the guise of the enquiry.

For Petitioner : Mr.G.Vishnuram For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

ORDER

Seeking to direct the 2nd respondent not to harass the petitioner under the guise of enquiry, this criminal original petition is filed. 1/5

2. The learned counsel for the petitioner submitted that FIR in Crime No.729 of 2021 was registered for the offences under Sections 147, 294(b), 341, 353, 506(ii) of IPC and Section 3 of TNPPDL Act as against 24 persons among whom the petitioner and his father's name were not originally added. The same, also after completion of investigation, culminated in filing a charge sheet in P.R.C.No.42 of 2023 before the Judicial Magistrate, Kamuthi, in which the petitioner's name and his father's name were not added. The petitioner is continuously required to appear before the respondent police for enquiry and subjected to harassment. Hence, this petition.

3. The learned Government Advocate(Crl.Side) on instructions submitted that the petitioner's name is Ananthan @ Vivekananthan and the name of Ananthan has been arrayed as Accused No.24 in the aforesaid crime and in the final report, and already absconding charge sheet has been filed as against A24, who is none other than this 2/5

petitioner. Only in this regard, he was required to appear before the respondent police station.

4. However, the learned counsel for the petitioner categorically contended that he was not known as Ananthan at any point of time and he is only Vivekananthan, for which he has placed before me the copy of his Birth Certificate, Transfer Certificate, Conduct Certificate, SSLC Marksheet, Community Certificate and Passport, which would reveal that his name is only Vivekananthan.

5. In view of the same, the respondent police is hereby strictly directed not to harass the petitioner relating to Crime No.729 of 2021, in which an absconding charge sheet has already been filed as against A24. The petitioner is also directed to appear before the respondent police and produce all these Certificates and the respondent police is also directed to take necessary steps to delete his name from the array of accused. It is made clear that the respondent police will not harass the 3/5

petitioner when he appear before the police for submission of these certificates.

6. Accordingly, this Criminal Original Petition stands allowed. 28.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

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

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L.VICTORIA GOWRI, J.

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