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Madras High CourtCRL OP(MD)/2987/2025closed

Karthikeyan v. The State Of Tamil Nadu

2025-02-18Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.2987 of 2025 Karthikeyan ... Petitioner vs.

1.The Superintendent of Police, Thanjavur.

2.The Deputy Superintendent of Police, Kumbakonam, Thanjavur.

3.The Inspector of Police, Natchiyarkovil Police Station, Kumbakonam, Thanjavur.

4.The Inspector of Police, The Superintendents of Police Special Team, Thanjavur.

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to direct the Page No. 1 of 5

respondents 1 to 4 and their men not to harass the petitioner and his family members in the name of enquiry without due process of law and allow the petitioner to appear before the Additional District and Sessions Court, Kumbakonam on every hearings based on the representation dated 08.02.2025.

For petitioner : Ms.K.Varshini For Respondents : Mr.K.Sakthi Kumar, Government Advocate (Crl.Side) *****

O R D E R

This petition has been filed by the petitioner to direct the respondents 1 to 4 not to harass the petitioner and his family members in the name of enquiry without due process of law and allow the petitioner to appear before the Additional District and Sessions Court, Kumbakonam on every hearings based on the representation dated 08.02.2025.

2. The learned Government Advocate (Crl.Side) appearing for the respondents would submit that they have not harassed as alleged by the petitioner. In fact, the petitioner is accused in Crime No.394 of 2022 in P.R.C.No.57 of 2023 pending on the file of the learned Judicial Magistrate, Kumbakonam. While so, NBW was pending as against the Page No. 2 of 5

petitioner and thereby, in order to secure the petitioner, they searched the house of the petitioner. While so, yesterday, i.e.17.02.2025, the petitioner voluntarily surrendered before the Judicial Magistrate, Kumbakonam and was remanded into to judicial custody.

3. Since the NBW was pending against the petitioner, the respondents, in order to execute the NBW, searched the petitioner. Now, the petitioner himself surrendered before the Court and he was remanded to judicial custody. Hence, nothing survives for adjudication in this case. In view of the same, this Criminal Original Petition is closed. 18.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd Page No. 3 of 5

To 1.The Superintendent of Police, Thanjavur.

2.The Deputy Superintendent of Police, Kumbakonam, Thanjavur.

3.The Inspector of Police, Natchiyarkovil Police Station, Kumbakonam, Thanjavur.

4.The Inspector of Police, The Superintendents of Police Special Team, Thanjavur.

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

Page No. 4 of 5

P.DHANABAL,J apd Crl.OP(MD) No.2987 of 2025 18.02.2025 Page No. 5 of 5