Madras High CourtCRL OP(MD)/6660/2019closed

T.Balasubramanian, v. The Superintendent Of Police

2019-06-04Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.6660 of 2019 T.Balasubramanian ... Petitioner Vs.

1.The Superintendent of Police Thoothukudi District Thoothukudi 2.The State represented by The Inspector of Police All Women Police Station Thoothukudi Thoothukudi District 3.K.Umaiyavel

...Respondents

Prayer: This Criminal Original Petition has been filed under Section 482 Cr.P.C. directing the respondents particularly the 2nd respondent not to harass the petitioner and his family members who are all not involved in the alleged offence under the guise of enquiry forthwith.

For Petitioner : Mr.S.Palani Velayutham For Respondents 1& 2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed directing the respondents particularly the 2nd respondent not to harass the petitioner and his family members under the guise of an enquiry.

2. The grievance of the petitioner is that the petitioner's son namely B.Rajavel Subramanian, has involved in a criminal case and investigation is pending against him. Earlier, he had obtained a bail. Subsequently the bail which was granted to the petitioner's son has been cancelled by this Court. In order to arrest the petitioner's son, the respondent police harassing the petitioner and his family members. Hence, the present criminal original petition has been filed.

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3.Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor appearing for the respondents 1 & 2, on instructions, would submit that the petitioner's son is an accused in a criminal case for an offence punishable under Sections 506(i) I.P.C and Sections 11(5) and 12 of the Protection of Child from Sexual Offences Act, 2012 in Crime No.19 of 2018. Earlier he was granted bail, subsequently, the bail was granted to the petitioner's son has been cancelled by this Court, and in order to apprehend the petitioner's son, the respondent police is only conducting search in various places and not harassing the petitioner and his family members. 4.Considering the fact that the search has been conducted by the respondent police for arresting the petitioner's son, there is no illegality in it. However, the respondent police is directed not to harass the petitioner and his family members under the guise of conducting any search.

5.With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // Sub Assistant Registrar(CS) To:

1.The Superintendent of Police Thoothukudi District Thoothukudi 2.The Inspector of Police All Women Police Station Thoothukudi Thoothukudi District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.S.PALANI VELAYUTHAM, Advocate, SR.No. 67358 Crl.O.P.(MD)No.6660 of 2019 04.06.2019 MSA KK/SAR/17.06.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/