Vetrimalai v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2026

CORAM

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

1.The State of Tamil Nadu, Rep by the Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Kadaladi Police Station, Ramanathapuram District. ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondents to not to harass the petitioner under the guise of enquiry, based on the petitioner's representation dated 30.12.2025.

For Petitioner : Mr.L.Prabakaran For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) 1/6

ORDER

Seeking to direct the respondents not to harass the petitioner under the guise of enquiry based on the petitioner's representation, dated 30.12.2025, this criminal original petition is filed.

2. The petitioner was earlier involved in several criminal cases. For the past five years, he has realized his mistakes and he is trying to take forward a clean life without involving in any criminal activities. However, keeping in mind that earlier criminal antecedents of the petitioner, the 2nd respondent police is frequently requiring the petitioner to appear before them and subjecting him to harassment. Hence, this petition.

3. The learned Government Advocate(Crl.Side) submits that the petitioner is a history sheeter and as many as 19 cases were pending against him, among which 15 cases were disposed of and the other 4 cases are still pending as against him. Since his earlier criminal antecedents were to the extent of declaring him as history sheeter, only 2/6

to keep and watch on him, the police is frequently requiring him to appear before the police station.

4. Heard the learned counsels on either side and carefully perused the materials available on record.

5. To allay the petitioner's apprehensions and to ensure fairness, the following directions are issued:

(a) Only if any complaint is received against the petitioner, the respondent-police shall issue written summons/notice under Section 62 Cr.P.C/64 BNSS, specifying the date, time, and purpose of enquiry. Oral or informal summons are prohibited.

(b) The enquiry, if undertaken, shall be completed within two weeks from the date of the petitioner's appearance. (c) If the police, upon enquiry, conclude that a cognizable offence is made out and propose to register an FIR, 3/6

the petitioner shall be given prior written notice, enabling him to seek legal remedies including anticipatory bail. (d) If the dispute is found to be civil in nature, the complaint shall be closed forthwith, without any coercive or intimidatory action.

(e) It is made clear that without any complaint against the petitioner, the respondent police shall not harass him in the name of enquiry any further, except following procedures as detailed supra.

6. With these directions, this Direction Petition stands disposed of.

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1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Kadaladi 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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