Madras High CourtCRL OP(MD)/5505/2017disposed of

Kulasekar, v. The Sub Inspector Of Police,

2017-06-01Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2017

CORAM

THE HONOURABLE MS.JUSTICE A.M.BASHEER AHAMED Crl.O.P.(MD)No.5505 of 2017 Kulasekar : Petitioner Vs.

The Sub-Inspector of Police, Serakulam Police Station, Tuticorin District.

: Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the Respondent police that not to harass the petitioner and his family members in the guise of enquiry.

For Petitioner : Mr.M.S.Jeyakarthik For Respondent : Mr.K.Anbarasan, Government Advocate (Crl. Side)

O R D E R

Heard both sides.

2. The learned counsel appearing for the petitioner has admitted that no complaint or FIR is pending against the petitioner herein.

3. The learned Government Advocate (Crl. Side) appearing for the respondent states that the petitioner is rowdy sheeted as per the records of the police and also there are three cases pending against the petitioner herein and the police is entitled to watch the movement of the petitioner and the respondent police has not harassed the petitioner at any time.

4. The learned counsel appearing for the petitioner states that the petitioner is being called by the respondent without any reason and harassed the petitioner under the guise of enquiry.

5. Considering the rival submissions made by both sides, the respondent is directed not to harass the petitioner and his family members under the guise of enquiry in respect of any matters, but https://hcservices.ecourts.gov.in/hcservices/

let the police investigate into the matter in accordance with law and the mandates as found set out in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. If really, the police want to interrogate, it is open for the police to issue summons to the petitioner. Thereupon, the petitioner shall appear before the police and submit himself for interrogation.

6. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Sub-Inspector of Police, Serakulam Police Station, Tuticorin District.

+1cc to M/S.M.S.Jeyakarthik, Advocate SR.No. 58038 Order made in Crl.O.P.(MD)No.5505 of 2017 01.06.2017 trp/rmk JM/MR/SAR 1/07.06.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/