Jeganathan v. The Superintendent Of Police

Crl.O.P(MD)No.5986 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2020

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P(MD)No.5986 of 2020 Jeganathan ... Petitioner Vs 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Othakadai Police Station, Madurai District.

3.Veerapandi

...Respondents

Prayer: Petition filed under Section 482 of the Criminal Procedure Code, to direct the 2nd and 3rd respondents to not to harass the petitioner under the guise of enquiry.

For Petitioner :

Mr.M.U.Shameem John For Respondent :

Mr.K.K.Ramakrishnan, Nos.1 & 2 Additional Public Prosecutor

ORDER

This petition is filed for a direction to the respondent Nos.2 and 3 not to harass the petitioner under the guise of enquiry. 2.When the matter is taken up for hearing, the learned Additional Public Prosecutor, on instructions, submitted that the petitioner's son namely, Kumar @ Kokki Kumar is involved in seven previous cases. Those cases are of the offence under Sections 379, 387 IPC and Narcotics offence and other serious offence and he is also a history sheeter in H.S.No.27 of 2019. The history sheet is still existing and in view of the incident that took place in between his business place namely Rajakoor and Othakadai, on a routine surveillance, they have verified about the whereabouts of the petitioner's son. But the petitioner did not co-operate for the same and has filed this petition.

3.The learned counsel appearing for the petitioner submits that his son is involved in certain criminal cases and thereafter, he has obtained a job at Bangalore and is residing at Bangalore. Only due to the present COVID-19 Pandemic, he has returned home. But the respondent police is unnecessarily harassing his son and under https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.5986 of 2020 the guise of enquiry, has taken the petitioner to the police station and has threatened him.

4.Perusal of the affidavit filed by the petitioner shows that the petitioner has not come forward with clean hands about the details as to the pending cases against his son and the history sheet pending against his son.

5.Taking into account the submission of the learned Additional Public Prosecutor that since the history sheet is still pending, as a routine surveillance, they are expected to verify the whereabouts and the conduct of the history sheeter and in fact, on account of the incident took place in between Rajakoor and Othakadai, the whereabouts of the petitioner's son are verified, this criminal original petition is dismissed as no further order is required to be passed.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg/vsd NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Othakadai Police Station, Madurai District.

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

Crl.O.P(MD)No.5986 of 2020 11.06.2020 AP(01/07/2020) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2