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Madras High CourtCRL OP(MD)/9587/2017closed

E.Kumar v. The Superintendent Of Police

2017-07-25Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.9587 of 2017 1.E.Kumar 2.Indirani

...Petitioners

-Vs1. The Superintendent of Police, Theni District.

2. The Deputy Superintendent of Police, Periyakulam, Theni District.

3. The Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District.

...Respondents

PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to direct the 3rd respondent not to harass the petitioners and their family members under the guise of enquiry. For Petitioners : Mr.B.Vinoth Balan For Respondents : Mr.K.Anbarasan Government Advocate(Crl. Side)

O R D E R

This Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to direct the 3rd respondent not to harass the petitioners and their family members under the guise of enquiry.

2. Heard Mr.B.Vinoth Balan, learned counsel appearing for the petitioners and Mr.K.Anbarasan, learned Government Advocate (Crl.Side) appearing for the respondents and perused the records. 3.The learned counsel for the petitioners submitted that the petitioners are not involved in any criminal case. However under the guise of investigation into a crime, which was registered against the person, who was introduced to the petitioner by his brother-in-law, the petitioners are harassed by the respondent police under the guise of enquiry.

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4.The learned Government Advocate (Crl.Side) on instructions, would submit that on the basis of the statement recorded from the accused, the petitioners are also included in the crime for the offences punishable under Section 379 IPC.

5. Though the petitioners are also accused, they cannot be harassed. Hence, this Court directs the respondent police to enquire the petitioners after issuing summons in the manner prescribed in law for any enquiry in connection with the criminal case registered against the petitioners.

6. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Theni District.

2. The Deputy Superintendent of Police, Periyakulam, Theni District.

3. The Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District.

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

+1 cc to Mr.B.Vinoth Balan , Advocate in SR.No. 67587 das/Pjl AE/MR KKR/SAR3/02.08.2017/2P/6C CRL.O.P.(MD)No.9587 of 2017 25.07.2017 https://hcservices.ecourts.gov.in/hcservices/