Madras High CourtCRL OP(MD)/5380/2020disposed of

Kulanthai Therese v. The Superintendent Of Police

2020-05-18Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.5380 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5380 of 2020 Kulanthai Therese ... Petitioner Vs 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Thalamuthu Nagar Police Station, Thoothukudi, Thoothukudi District.

... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the first and second respondents herein not to harass the petitioner herein on the guise of enquiry and by dispossessing/evicting her and her family from the premises in D.No. (Old) 1/24-B2, (New) No.1/96, Keezha Alankarathattu, Arockiapuram Post, Thoothukudi, Thoothukudi District for the present, on the basis of the representation, dated 11.05.2020. For Petitioner : Mr.A.Thiruvadi Kumar For R1 & R2 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

Heard the learned counsel on either side.

2.The petitioner alleges harassment at the hands of the second respondent.

3.The learned Government Advocate (Crl.side) states that the petitioner's property was mortgaged to the bank for obtaining a loan and that, the bank has taken action under the SARFAESI Act. 4.The learned Government Advocate (Crl.side) states that the possession of the building was taken already by the bank and sealed. The petitioner is said to have removed the seal and reentered the building. Therefore, the bank has given a complaint. In this regard, the petitioner is sought to be summoned for enquiry. https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.5380 of 2020 5.The second respondent is directed to issue formal summons and writings to the petitioner, if he wants to hold any enquiry. If the second respondent registers any FIR against the petitioner, the second respondent will give notice to the petitioner, so that, the petitioner will have breathing time to move this Court for the relief of anticipatory bail.

6.With this direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Thalamuthu Nagar Police Station, Thoothukudi, Thoothukudi District.

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

Crl.O.P(MD)No.5380 of 2020 18.05.2020 AP(26/05/2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4