Madras High CourtCRL OP(MD)/2835/2016closed

Stephen Prabakaran v. The Supderintendent Of Police,

2016-02-17Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.2835 of 2016 Stephen Prabakaran ...

Petitioner vs.

1. The Superintendent of Police Kanyakumari District, Nagercoil

2. The Deputy Superintendent of Police Thakkalai Sub Division, Kanyakumari District

3. The Inspector of Police (Crime) Kotrikodu Police Station Kanyakumari District ... Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C., to direct the respondents 2 and 3 not to harass the petitioner and his family members in the name of enquiry and not to interfere into a matter of civil in nature.

For Petitioner :Mr.M.Solaisamy For Respondents :Mr.S.Prabha, G.A. (Crl.Side)

O R D E R

This petition has been filed to direct the respondents 2 and 3 not to harass the petitioner and his family members under the guise of enquiry except due process of law.

2. Heard the learned counsel for the petitioner, learned Government Advocate (Criminal Side) appearing for the respondents and perused the materials placed on record.

3. It is represented by the learned Government Advocate (Criminal Side) that, on the complaint lodged by one Rachel Inbabai, against the petitioner herein, petition enquiry is pending.

4. The petitioner and his family members are directed to participate in the enquiry and during enquiry, they shall not be harassed. During the course of enquiry, if any cognizable https://hcservices.ecourts.gov.in/hcservices/

offence is made out, the respondent Police is free to register an FIR and this order shall not be a shield for the petitioner and his family members against arrest.

5. With the above direction, this criminal original petition is closed.

Sd/ Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar krk To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Deputy Superintendent of Police, Thakkalai Sub Division, Kanyakumari District.

3.The Inspector of Police (Crime), Kotrikodu Police Station, Kanyakumari District.

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

Cn/MPA/26.2.2016/5c-2p Crl.O.P. (MD) No.2835 of 2016 https://hcservices.ecourts.gov.in/hcservices/