R.Samuel v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.3439 of 2019 1.R.Samuel 2.S.Benin Sam : Petitioners Vs.

1.State represented by The Superintendent of Police, Kanyakumari District, Nagercoil, Kanyakumari District.

2.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

3.Muthumari : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent police not to harass the petitioners and their family under the guise of enquiry by the District Crime Branch, Nagercoil, Kanyakumari District without adhering to the mandatory provisions contemplated under law. For Petitioners : Mr.KA.Ramakrishnan For R-1 and R-2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) ***

ORDER

The present petition is filed to direct the respondent police not to harass the petitioners and their family under the guise of enquiry by the District Crime Branch, Nagercoil, Kanyakumari District without adhering to the mandatory provisions contemplated under law.

2.Heard the learned Counsel for the petitioners and the learned Government Advocate appearing for the respondent police. 3.The learned Counsel for the petitioner submitted that on the basis of certain complaint against the first petitioner's son, the respondents 2 and 3 harassing them.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate submitted that the

petitioners have cheated the de-facto complainant on promise of securing him a job and that is being enquiry into. 5.In response, the learned Counsel for the petitioners submitted that apart from the second petitioner, the first petitioner is having another son, who might have involved in the same. He also added that in the guise of enquiry, the petitioners are called to the police station and retained for hours together.

6.If the first and second respondents are interested in interrogation / enquiring the petitioners preliminarily on the complaint received by them, then the same shall be done only on summons in strict in accordance with law and during the enquiry / interrogation the petitioners shall not be harassed. 7.Accordingly, the criminal original petition is closed. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Kanyakumari District, Nagercoil, Kanyakumari District.

2.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

3.The Government Advocate (Crl.Side), Madurai Bench of Madras High Court, Madurai.

cmr Crl.O.P.[MD]No.3439 of 2019 06.03.2019 KM/(25.04.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/