Madras High CourtCRL OP(MD)/4059/2019dismissed

M. Tharamalingapoopathy @ v. The Superintendent Of Police,

2019-03-18Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD).No.4059 of 2019 M.Tharmalingapoopathy @ Dharmar .. Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Deputy Superintendent of Police, Kanyakumari District, Kanyakumari.

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

4.Ms.Vasantha .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the 1 to 3 respondents not to harass the petitioner and his family members in the guise of enquiry. For Petitioner : Mr.S.R.Anbarasu For Respondents : Mr.V.Neelakandan Additional Public Prosecutor for R1 to R3 ***

O R D E R

This petition has been filed by the petitioner seeking a direction to the respondents 1 to 3 not to harass the petitioner and his family members in the guise of enquiry.

2.Heard the learned counsel for the petitioner and learned Government Advocate (Crl. Side) for the respondents and perused the materials placed on record.

3.When the matter is taken up for hearing, the learned Additional Public Prosecutor represented that on the complaint given against the petitioner, petition enquiry is pending on the file of the respondent police.

4.Under such circumstances, blanket order of "not to harass" cannot be passed. The petitioner is directed to co-operate with the police for enquiry and at the time of conducting enquiry, the petitioner shall not be harassed. During the course of enquiry, if https://hcservices.ecourts.gov.in/hcservices/

any cognizable offence is made out, the respondent police is free to register the FIR and this order shall not be a shield for the petitioner against arrest.

5.With the above direction, this criminal original petition is dismissed.

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

2.The Deputy Superintendent of Police, Kanyakumari District, Kanyakumari.

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

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

+1 CC to M/s.S.SURESH KUMAR, Advocate in SR-54583 Crl.O.P.(MD).No. 4059 of 2019 18.03.2019 tm SP/PK/10.04.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/