M.Jamal Mydeen v. State Of Tamilnadu Rep By Inspector Of Police, B5- South Gate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25.02.2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI CRL OP(MD). No.4018 of 2026 M.Jamal Mydeen ... Petitioner Vs 1.The State of Tamilnadu Rep by, The Inspector of Police, B-5 South Gate Police Station, (Law and Order). Madurai City.

2.The Commissioner of Police, Commissioner Office, Alagarkovil Road, Madurai District.

... Respondents (R2 is suo motu impleaded vide order dated 25.02.2026 in Crl.OP(MD)No.4018 of 2026 by LVGJ) PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to pass an order of direction directing the respondent not to harass the petitioner in the guise of enquiry. For Petitioner : Mr.K.Gokul For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) 1/6

ORDER

This Criminal Original Petition has been filed to direct the respondent not to harass the petitioner in the guise of enquiry.

2. The learned counsel for the petitioner submitted that the respondent police is continuously subjecting the petitioner to harassment in the guise of inquiry at the instance of another political party. The petitioner is the minority wing president of a political party.

3. The learned Government Advocate (Crl. side) submitted that the petitioner is a History Sheeter since 2012. Though all the cases were disposed of, only due to the advent of the elections, the respondent police has alerted all the trouble mongers across the jurisdiction to maintain peace.

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

2/6

5. Considering the fact that the petitioner is a senior citizen and he is directed to keep calm, quiet and maintain law and order in the locality where he resides. However, it is made clear that the respondent police will not subject him to harassment or require him to appear before them except by issuance of a summons under Section 62 Crl.P.C.,/ 64 BNSS, 2023.

6. It is also brought to the notice of this Court by the learned counsel for the petitioner that already the petitioner has sent a representation to the Commissioner of Police, Commissioner Office, Alagarkovil Road, Madurai District, on 10.08.2022 to delete his name from the History Sheet No.9 of 2012 and this Court in Crl.OP(MD)No. 424 of 2023, dated 09.01.2023, has also directed the Commissioner of Police, Commissioner Office, Alagarkovil Road, Madurai District, to consider the petitioner's representation dated 10.08.2022 in the meeting, which was scheduled to be held in January 2023. Since the said order passed by this Court was not considered, the learned counsel for the petitioner had pointed out that the respondent police may be directed to comply with the order passed by this Court dated 09.01.2023. 3/6

7. Considering the same, the Commissioner of Police, Commissioner Office, Alagarkovil Road, Madurai District, is suo moto impleaded as second respondent. The Registry is directed to carry out the necessary amendments in the cause title. Mr.M.Sakthi Kumar, learned Government Advocate (Crl.Side) takes notice for the newly added second respondent.

8. The petitioner is directed to produce his age proof as well as medical certificate to the second respondent. On receipt of the same, the second respondent, is directed to comply with the order passed by this Court, in Crl.OP(MD)No.424 of 2023, dated 09.01.2023.

9. With the above directions, this Criminal Original Petition is disposed of.

25.02.2026 NCC : Yes/No Index : Yes/No dss 4/6

TO

1. The Inspector of Police, B-5 South Gate Police Station, (Law and Order) Madurai City.

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

5/6

L. VICTORIA GOWRI,J dss

ORDER

IN CRL OP(MD) No.4018 of 2026 Date : 25.02.2026 6/6