Madras High CourtCRL OP(MD)/5419/2016closed

S. Muniyasamy v. The Director General Of Police

2016-04-18Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.5419 of 2016

1. S.Muniyasamy

2. P.Ayyappan ... Petitioners/Petitioners Vs.

1. The Director General of Police, Office of the Director General of Police, Anna Salai, Chennai.

2. The Superintendent of Police, O/o. Superintendent of Police, Ramanathapuram.

3. The Inspector of Police, Kamuthi Police Station, Ramnad District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., for a direction to the third respondent not to harass the petitioners and their family members without any legally sustainable complaint and to direct the third respondent to follow the guideline issued by the Honourable Supreme Court in D.K.Basu (1997 1 SCC 416) case in matters pertaining to arrest or interrogation.

For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mrs.S.Prabha Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed for a direction to the third respondent not to harass the petitioners and their family members without any legally sustainable complaint.

2. When the matter was taken up for hearing, the learned Government Advocate (Crl.side) submitted that the petitioners have two brothers Arumugam and Prabaharan, who are accused in Crime No.232 of 2014 for the offences under Sections 392 and 302 of I.P.C., in which investigation has been completed and absconding charge sheet has been filed and the police are in search of Prabaharan and Arumugam and therefore, they have gone to the house of the petitioner in search of the said accused. https://hcservices.ecourts.gov.in/hcservices/

3. Under such circumstances, the petitioners shall cooperate with the police in tracing out the two accused and during such enquiry, the petitioners shall not be harassed. If it is found that the petitioners are protecting and harbouring the accused, it is open to the respondent police to take appropriate legal action against them.

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

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To

1. The Director General of Police, Office of the Director General of Police, Anna Salai, Chennai.

2. The Superintendent of Police, O/o. Superintendent of Police, Ramanathapuram.

3. The Inspector of Police, Kamuthi Police Station, Ramnad District.

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

+One cc to Mr.T.Lajapathi Roy, Advocate, SR.No.21713 akv RL/6C/2P/AN/MP/6/5/2016 Crl.O.P.(MD)No.5419 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 18.04.2016