M. Baskar v. State Rep By Insp Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Crl.O.P.(MD)No.16523 of 2015 1.M.Baskar 2.B.Bhuvaneswari 3.B.Gowtham : Petitioners

Versus

State rep by The Inspector of Police, Anna Nagar Police Station, Madurai.

: Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the respondent police not to harass the petitioners herein.

For Petitioner : Mrs Lakshmi Gopinathan for M/s.Polax Legal Solution For Respondent : Mr.K.Anbarasan, Government Advocate (Crl. Side)

O R D E R

The petitioner has come forward with this petition seeking for a direction to direct the respondent police not to harass the petitioners herein.

2.Heard both sides.

3.A perusal of the affidavit filed by the petitioner would show that the petitioners 1 and 2 are the husband and wife and the third petitioner is the elder son of the petitioners 1 and 2. Whilso, the de-facto complainant had lodged a complaint that his daughter viz., Karthiga was missing and that the third respondent being the classmate of the daughter of the de-facto complainant, he might be responsible therefor. This suspicion is not supported with any basis.

4.The learned counsel for the petitioner submitted that since the daughter of the de-facto complainant and the third respondent were classmates, the respondent police has come to the petitioners' house in the guise of enquiry and also threatened them. In these circumstances, apprehending arrest, the petitioners have come up with the present petition for the above said relief.

https://hcservices.ecourts.gov.in/hcservices/ 5.The learned Government Advocate (Crl.side) would submit that already the daughter of the de-facto complainant had left the house twice.

6.Merely for the reason that the third petitioner is a class-mate of the missing daughter of the de-facto complainant without there being any acceptable basis for suspecting the third petitioner, the respondent police cannot take any coercive steps against the third respondent, hence, this Court directs the respondent police not to harass the petitioners under the guise of investigation, without there being any acceptable and concrete evidnece.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar Ns To 1.The Inspector of Police, Anna Nagar Police Station, Madurai.

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

+one cc to M/s.Polac Legal Solutions, Advocate in SR.NO.49580 Order made in Crl.O.P.(MD)No.16523 of 2015 Dated:27.08.2015 CSL/AN-MP/11.09.2015 2P/4C https://hcservices.ecourts.gov.in/hcservices/