Parthasarathy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Parthasarathy ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by the Superintendent of Police, Office of the Superintendent of Police, Theni District.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Aundipatti Range, Theni District.

3. The Inspector of Police, Aundipatti Police Station, Theni ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the respondent no.2 and 3 for not to harass the petitioner in accordance with law.

For Petitioner : Mr.S.Mohammed Yunnis Raja For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) Page No. 1 of 4

O R D E R

This petition has been filed by the petitioner to direct the respondent no.2 and 3 for not to harass the petitioner.

2. According to the petitioner, the petitioner has complied the conditions by signing before the 3rd respondent daily twice as per the order passed by learned Judicial Magistrate, Aundipatti in Crl.M.P.No.111 of 2025 and thereafter, the petitioner has filed a modification petition and the same was modified and directed the petitioner to appear before the respondent police, Aundipatti daily. While so, on 31.03.2025 at about 4.55 p.m, while the petitioner went to comply the condition before the Deputy Superintendent of Police, Aundipatti, the Aundipatti Police Team restrained the petitioner from entering into the office of the Deputy Superintendent of Police for complying the conditions and they informed that they are going to foist false case against him and threatened to foist a false case. Therefore, the petitioner sent a representation dated 01.04.2025, but the same has not been considered. Hence this petition.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents would submit that the petitioner is one of Page No. 2 of 4

the accused in a murder case and as per the intelligence report, there are chances for retaliation murder and thereby, the police watched the petitioner's movement and apart from that, they have not harassed the petitioner. Even as per the petition, the special team restrained the petitioner from complying the conditions and threatened to foist case. Therefore, the respondents no.1 to 2 have no way harassed the petitioner. Therefore, the petition is liable to be dismissed.

4. Considering the prayer sought for in the petition, the respondents also denied the alleged harassment made by them and if the petitioner has any grievance in respect of complying the conditions, he is at liberty to approach the Trial Court, which imposed the condition. Therefore, recording the above said submission of the learned Government Advocate that they have not harassed the petitioner and only watching the movements of the petitioner, this Criminal Original Petition is closed. 08.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac Page No. 3 of 4

P.DHANABAL, J.

Mac To

1. The Superintendent of Police, Office of the Superintendent of Police, Theni District.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Aundipatti Range, Theni District.

3. The Inspector of Police, Aundipatti Police Station, Theni 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL. OP(MD) No.6495 of 2025 08.04.2025 Page No. 4 of 4