Madras High CourtCRL OP(MD)/3689/2019disposed of

Stella Baby, v. The Superintendent Of Police

2019-03-11Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.3689 of 2019 Stella Baby ... Petitioner /Vs./ 1.The Superintendent of Police, Kanyakumari District, At Nagercoil.

2.The Inspector of Police, Karungal Police Station, Kanyakumari District.

3.John Edwin ... Respondents Prayer: Petition - filed under Section 482 of the Criminal Procedure Code, to direct the respondents 1 and 2 and their men not to harss the petitioner and her family members. For Petitioner : Mr.R.J.Karthick For R-1 and R-2 : Mr.V.Neelkandan Additional Public Prosecutor

ORDER

The petitioner, who is a mother of a daughter who is taking her 12th Standard Public Examination, has come forward with this petition seeking protection from the harassment by the second respondent presumably at the instance of the third respondent.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent police.

3. The learned Additional Public Prosecutor submitted that the third respondent was assaulted by some unknown persons and he has preferred a complaint, based on which a case in Crime No.66 of 2019 was registered against unknown persons for the offence under Sections 341, 294(b), 324 and 506(2) IPC. Since according to the third respondent the petitioner is suspected of involvement in the crime, she is being enquired by the respondent police.

4. The learned counsel for the petitioner would now submit that the petitioner or her family members are no way connected with the offence and the petitioner's daughter's Public Examination is underway and the act of the second respondent is obstructing the entire preparation for her examination. https://hcservices.ecourts.gov.in/hcservices/

5. Since the FIR does not disclose the names of the petitioner, or any of her family members, it is appropriate that even if the second respondent requires to interrogate them, the same should be done in the manner that a civilised society accommodates and appreciates. Accordingly the second respondent if at all he requires in interrogating the petitioner, he may stipulate the time and place of said enquiry. It is also further directed that since the petitioner's daughter is taking her Board examination, the time and date must be fixed and the same should not affect her duty to her daughter during all the important public examination.

The Deputy Superintendent of Police, Kanyakumari is directed to monitor the implementation of the direction given by this Court.

6. With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Kanyakumari District, At Nagercoil.

2.The Deputy Superintendent of Police, Kanyakumari District.

3.The Inspector of Police, Karungal Police Station, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R.J.KARTHICK, Advocate( SR-53010[F] dated 11/03/2019 ) TA Order made in Crl.O.P.(MD)No.3689 of 2019 11.03.2019 KM/(22.03.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/