Raja Murugan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2024 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.(MD)No.2631 of 2024 Raja Murugan ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District.

2. The Deputy Superintendent of Police, Kanyakumari District.

3. The Inspector of Police, Neasmani Nagar Police Station, Kanyakumar.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Respondents not to harass the Petitioner under the guise of an enquiry.

For Petitioner : Mr.S.Vishnu Kanth For Respondents : Mr.M.Veeranthiran Government Advocate (Crl. side) 1/5

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition seeking direction against the Respondents 1 to 3 not to harass the Petitioner under the guise of an enquiry. 2.The learned Counsel for the Petitioner further submitted the Petitioner is organizing a Trust by name "Friends Forever" in order to provide various services to the needy people. The Petitioner charge Rs.1000/- (Rupees Thousand only) for membership and the membership is open for both the male and female members. On 09.02.2024, the employees of the Trust informed the Petitioner that the person identifying himself as Sub-Inspector came along with some other persons and conducted inspections. The said officials without conducting any proper enquiry or investigation, used abusive words against the members of the Trust.

This act was done maliciously to defame the reputation of the Trust. Therefore, the Petitioner contacted the Police help line No.100, but there was no response. Subsequently, the Petitioner offered detailed explanation that they are maintaining a Trust independently without any help from other sources. The learned Counsel for the Petitioner also submitted that continuously Police Officials are calling him through mobile phone and harassing him.

seeking direction against the Respondent Police not to harass him under the guise of an enquiry.

3.The learned Government Advocate (Criminal side) on instructions from the Respondents No.1 to 3 submitted that the Assistant Superintendent of Police, Kanniyakumari, conducted ride in the premises of the Petitioner. During the ride, three men and three women were arrested and condoms also recovered from the place. Based on the ride, it was found that minor girls were misused for prosecution. Therefore, the third Respondent had registered a case in Crime No.15 of 2024 for the offences punishable under Sections 3(2)(a), 4(2)(c), 5(1)(a), 7(1)(a), 366(A) of I.P.C and 5(1), 11(6), 12, 13(b), 14(1) of Protection of Child from Sexual Offences Act, 2012. The Petitioner was arrested on 17.02.2024 and till date he is in custody under the Police.

4.Also the learned Government Advocate (Criminal side) invited the attention of this Court that the Petitioner had not furnished any document regarding registration of the Trust with the statutory authorities. 5.Considering the submission made by the learned Counsel for the Petitioner and the learned Government Advocate (Criminal side), this 3/5

Criminal Original Petition is dismissed.

20.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No jbr To 1.The Superintendent of Police, Kanyakumari District.

2.The Deputy Superintendent of Police, Kanyakumari District.

3.The Inspector of Police, Neasmani Nagar Police Station, Kanyakumar.

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

4/5

SATHI KUMAR SUKUMARA KURUP, J., jbr Crl.O.P.(MD)No.2631 of 2024 20.02.2024 5/5