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Madras High CourtCRL OP(MD)/7382/2017disposed of

S.Betty Samuvel v. The Commissioner Of Police

2017-06-19Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.7382 of 2017 S.Betty Samuvel : Petitioner Vs.

1. The Commissioner of Police, Tirunelveli District

2. The Superintendent of Police, Tirunelveli District

3. The Deputy Superintendent of Police, Nanguneri Tirunelveli District

4. The Inspector of Police, Kalakad, Nanguneri Taluk Tirunelveli District

5. The Superintendent of Police, Panthanamthitta District State of Kerala 6.Samuvel George : Respondents Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondents police not to harass the petitioner's husband's family members under the guise of investigation/interrogation.

For Petitioner : Mr.D.Saravanan For Respondents 1 to 5 : Mr.K.Anbarasan Government Advocate (Crl.side)

O R D E R

This petition has been filed to direct the respondents police not to harass the petitioner's husband's family members under the guise of investigation/interrogation.

2. Heard the learned counsel for the petitioner and learned Government Advocate (Criminal side) appearing for the respondents 1 to 5 and perused the materials placed on record.

3. The petitioner is a Christian and she was in love with one Sudalai - a Hindu and against the wishes of her father (6th respondent),she got married to Sudalai on 22.05.2017 at Nanguneri. While so, the 6th respondent, who hails from Pathanamthitta District in Kerala, has lodged a complaint to the Superintendent of Police, Pathanamthitta Police that his daughter/petitioner herein is missing. Therefore, the Superintendent of Police, Pathanamthitta District, has issued a communication to the Superintendent of Police, Tirunelveli, 2nd respondent herein to conduct enquiry about the whereabouts of the petitioner.

4. Taking into consideration the facts and circumstances of the case and bearing in mind the law laid down by the Supreme Court in Lata Singh v. State of Uttarpradesh and another (2006) 5 SCC 475, this Court directs the petitioner and her husband Sudalai to appear before the Superintendent of Police, Tirunelveli District and give a representation. The Superintendent of Police, Tirunelveli, shall conduct an enquiry and afford sufficient protection to the petitioner and her husband, so that no harm befalls them. He may also inform the Superintendent of Police, Pathanamthitta District, Kerala State about these facts and the complaint given by the 6th respondent can be closed there. The parties can also be permitted to interact with the Superintendent of Police, Pathanamthitta District via Skype from the office of the Superintendent of Police, Tirunelveli District.

5. With the above direction, this petition is closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Tirunelveli District.

2. The Superintendent of Police, Tirunelveli District.

3. The Deputy Superintendent of Police, Nanguneri Tirunelveli District.

4. The Inspector of Police, Kalakad, Nanguneri Taluk, Tirunelveli District.

5. The Superintendent of Police, Panthanamthitta District State of Kerala

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

+1cc to Mr.D.Saravanan, Advocate Sr.No.60915 RR VB/SV/MMS/SAR3/27.06.2017/3P/8C Order made in CRL.O.P.(MD)No.7382 of 2017 19.06.2017