Madras High CourtCRL OP(MD)/5194/2017closed

S.Suguna Devi v. The Inspector Of Police

2017-04-27Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.5194 of 2017 S.Suguna Devi ... Petitioner -vs1. The Inspector of Police, Andipatti Police Station, Theni District.

2. Mrs.Radhikala

3. Mr.Murugesan ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents not to harass the petitioner under the guise of enquiry and also pass appropriate orders and thus render justice.

For Petitioner : Mr.Anand For Mr.P.Gunasekaran For R1 : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side) *****

O R D E R

This petition has been filed to direct the respondents not to harass the petitioner under the guise of enquiry and also pass appropriate orders.

2. It is seen that the petitioner's husband Santhakumar has been convicted and sentenced for an offence under Section 138 of N.I.Act by the Trial and Appellate Courts, pursuant to which, a warrant of commitment for securing his presence has been issued by the concerned Court. It is the grievance of the petitioner that the respondent police are harassing the petitioner in the guise of execution of warrant and therefore, the petitioner is before this Court with the above prayer.

3. In the considered opinion of this Court, the respondent police are duty bound to execute the warrant of commitment that has been issued by the competent Court, since the petitioner's husband has been convicted and sentenced after a trial. There may be little inconvenience to the petitioner, when the Police comes to execute the warrant. The respondent police shall bear in mind that they should not harass the petitioner and her children unnecessarily and the petitioner shall also co-operate with the Police and give information about the whereabouts of her husband, if she is aware.

https://hcservices.ecourts.gov.in/hcservices/

4. With the above observation, this petition is closed. Sd/- Assistant Registrar( ) /True Copy/ Sub Assistant Registrar To:

1. The Inspector of Police, Andipatti Police Station, Theni District.

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

+1cc to M/S.P.Gunasekaran,Advocate,SR.54549 Crl.O.P.(MD) No.5194 of 2017 27.04.2017 AR kk/SV/SAR3-12.05.2017-2P-4C https://hcservices.ecourts.gov.in/hcservices/