Madras High CourtCRL OP(MD)/5699/2019dismissed

M.Palraj v. The Superintendent Of Police

2019-04-16Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl OP(MD)No.5699 of 2019 M.Palraj ... Petitioner Vs.

1.The Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Kovilpatti West Police Station, Tirunelveli District.

...Respondents

PRAYER:- Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents Police not to harass the petitioner and his family members in the pretend of enquiry in the nature and circumstances of the case and the interest of justice. For Petitioner : Mr.R.Rajamohan For Respondents : Mr.K.K.Ramakrishnan, Additional Public Prosecutor,

ORDER

This criminal original petition has been filed seeking to direct the respondent Police not to harass the petitioner and his family members in under the guise of enquiry. 2.Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing the respondent Police.

3.The case of the prosecution is that the petitioner's son is involved in many offences and there are previous theft cases pending against him with regard to Section 379 IPC, subsequently, another complaint was lodged against the petitioner's son. Hence, during the course of investigation, the appearance of the petitioner is necessary.

4.The learned Counsel for the petitioner submitted that though offence is committed by the petitioner's son, the respondent Police insist the appearance of the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5.In view of the submissions made on either side, if any materials are available against the petitioner, it is always open to the respondents to proceed as per Section 41 (1)(a)CrPC. 6.With the above observation, the Criminal Original Petition is dismissed.

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

2.The Inspector of Police, Kovilpatti West Police Station, Tirunelveli District.

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

1 CC to M/s.R.RAJA MOHAN, Advocate ( SR-61273[F] dated 16/04/2019 ) dsk Crl OP(MD)No.5699 of 2019 16.04.2019 KM/(06.05.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/