Murugesan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P(MD)Nos.686, 687, 688, 709, 737, 756 and 774 of 2016 MURUGESAN ... PETITIONER in CRL OP(MD) No.686 of 2016 1 S. SENTHILKUMAR 2 A. SUBRAMANIAM 3 S. MADASAMY 4 S. MUNEESWARI 5 S. MUTHUKUMARI 6 S. VEERAN 7 M. RAJESHWARI ... PETITIONERS in CRL OP(MD) No.687 of 2016 A.R. RAGU RAMIAH ... PETITIONER in CRL OP(MD) No.688 of 2016 J.RAVI ... PETITIONER in CRL OP(MD) No.709 of 2016 K.GNANAGURU ... PETITIONER IN CRL OP(MD)NO.737 of 2016 LAKSHMANAN @ KUTTY ... PETITIONER in CRL OP(MD) No.756 of 2016 SANKARI ... PETITIONER in CRL OP(MD) No.774 of 2016 -VS1 THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI.

2 THE INSPECTOR OF POLICE,AVANIYAPURAM POLICE STATION, AVANIYAPURAM MADURAI. ... RESPONDENTS in CRL OP(MD) No.686 of 2016 1 THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI.

2 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT MADURAI.

3 THE INSPECTOR OF POLICE, SOUTH GATE POLICE STATION, SOUTH GATE, MADURAI.

4 THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI.

5 THE INSPECTOR OF POLICE, Y.OTHAKADAI POLICE STATION, Y.OTHAKADAI,MADURAI. ... RESPONDENTS in CRL OP(MD) No.687 of 2016 1 THE INSPECTOR OF POLICE,SIVANTHIPATTI POLICE STATION, TIRUNELVELI DISTRICT.

2 THE SUB INSPECTOR OF POLICE, SIVANTHIPATTI POLICE STATION, TIRUNELVELI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.688 of 2016 1 THE SUPERINTENDENT OF POLICE,DINDIGUL DISTRICT. 2 THE DEPUTY SUPERINTENDENT OF POLICE, VEDACHANDUR, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE, VEDACHANDUR POLICE STATION, DINDIGUL DISTIRCT. ... RESPONDENTS in CRL OP(MD) No.709 of 2016 1 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT VIRUDHUAGAR.

2 THE INSPECTOR OF POLICE, VATHIRAYURUPPU POLICE STATION, SRIVILLIPUTHUR TALUK, VIRUDHUNAGAR DISTRICT. ... RESPONDENTS in CRL OP(MD) No.737 of 2016 1 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT.

2 THE INSPECTOR OF POLICE, THIRUTHANGAL POLICE STATION. VIRUDHUNAGAR DISTRICT. ... RESPONDENTS in CRL OP(MD) No.756 of 2016 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, DINDIGUL DISTRICT. ... RESPONDENT in CRL OP(MD) No.774 of 2016 Prayer in CRL OP(MD) No.686 of 2016:

Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to direct the respondents To direct the respondents police to not to harass the petitioner.

Prayer in CRL OP(MD) No.687 of 2016:

Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to direct the respondents police to not to harass the petitioners. Prayer in CRL OP(MD) No.688 of 2016:

Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to direct the respondents police not to harass the petitioner. Prayer in CRL OP(MD) No.709 of 2016:

Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to directing the 3rd respondent herein not to harass the petitioner on the guise of enquiry based on the complaint given by his mother namely Janagam and to direct the 3rd respondent to hand over the Bank Pass Book and other documents received from the petitioner herein and for other reliefs.

Prayer in CRL OP(MD). 737/ 2016 :

Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to direct the respondents not to harass the petitioner under the guise of enquiry.

Prayer in CRL OP(MD) No.756 of 2016:

Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to DIRECT the 2nd respondent NOT TO HARASS the petitioner in the guise of enquiry.

Prayer in CRL OP(MD) No.774 of 2016:

Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to direct the respondent not to harass the Petitioner under the guise of enquiry, on the complaint of one Mary Amudha and Seetha and pass such further orders.

M/S T.A.EBENEZER ... for PETITIONER in CRL OP(MD) No.686 of 2016 M/S T.A.EBENEZER ... for PETITIONER in CRL OP(MD) No.687 of 2016 M/S H.ARUMUGAM ... for PETITIONER in CRL OP(MD) No.688 of 2016 M/S VEERA KATHIRAVAN ... for PETITIONER in CRL OP(MD) No.709 of 2016 M/S.K.SUDALAIYANDI ... for PETITIONER in CRL OP(MD) No.737 of 2016 M/S K.P.NARAYANAKUMAR ... for PETITIONER in CRL OP(MD) No.756 of 2016 M/S D.VENKATESH ... for PETITIONER in CRL OP(MD) No.774 of 2016 For Respondents .. MRS.S.PRABHA Government Advocate (Crl.Side) in all Crl.OPs. C O M M O N O R D E R The petitioners have come forward with these petitions seeking for a direction, directing the respondents and their subordinates not to harass the petitioners under the guise of enquiry and to follow the due process of law.

2.The Government Advocate (Criminal side), on instructions, would submit that petition enquiry is pending. He would further submit that there is no such harassment, as contended by the petitioners. 3.I have heard the counsel appearing on either side. 4.Considering the rival submissions made on both sides, the respondents are directed not to harass the petitioners under the guise of enquiry, but let the police investigate into the matter in accordance with law and the mandates as found set out in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. If really, the police want to interrogate, it is open for the police to issue summons to the petitioners. Thereupon, the petitioners shall appear before the police and submit themselves for interrogation. If there is any civil suit pending between the parties, the police shall not interfere with the same. 5.The Criminal Original Petitions are disposed of with the above direction.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar

MPK To 1.THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI. 2.THE INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, AVANIYAPURAM, MADURAI.

3 THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT MADURAI. 4 THE INSPECTOR OF POLICE,SOUTH GATE POLICE STATION, MADURAI.

5 THE INSPECTOR OF POLICE,ANNA NAGAR POLICE STATION, MADURAI.

6 THE INSPECTOR OF POLICE,Y.OTHAKADAI POLICE STATION, Y.OTHAKADAI,MADURAI.

7 THE INSPECTOR OF POLICE,SIVANTHIPATTI POLICE STATION, TIRUNELVELI DISTRICT.

8 THE SUB INSPECTOR OF POLICE, SIVANTHIPATTI POLICE STATION, TIRUNELVELI DISTRICT.

9 THE SUPERINTENDENT OF POLICE,DINDIGUL DISTRICT. 10 THE DEPUTY SUPERINTENDENT OF POLICE, VEDACHANDUR, DINDIGUL DISTRICT.

11 THE INSPECTOR OF POLICE,VEDACHANDUR POLICE STATION, DINDIGUL DISTIRCT.

12 THE SUPERINTENDENT OF POLICE,VIRUDHUNAGAR DISTRICT VIRUDHUAGAR.

13 THE INSPECTOR OF POLICE,VATHIRAYURUPPU POLICE STATION, SRIVILLIPUTHUR TALUK, VIRUDHUNAGAR DISTRICT. 14 THE INSPECTOR OF POLICE, THIRUTHANGAL POLICE STATION. VIRUDHUNAGAR DISTRICT.

15.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2CC to Mr.T.A.Ebenezer Advocate Sr.No.2480,2481 +1CC to Mr.H.Arumugam Advocate Sr.No.2625 +1CC to Mr.Veera Karthiravan Advocate Sr.No.2610 +1CC to Mr.K.P.Narayanakumar Advocate Sr.No.3071 +1CC to Mr.D.Venkatesh Advocate Sr.No.2498 GJM/PM/MP/11.2.16-4p-22c COMMON ORDER MADE IN Crl.O.P(MD)Nos.686, 687, 688, 709, 737, 756 and 774 of 2016 18.01.2016