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Madras High CourtCRL OP(MD)/11713/2024dismissed

Muthamil v. The Superintendent Of Police

2024-07-26Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI Muthamil ... Petitioner versus

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

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Pattukottai Sub Division, Thanjavur District.

3. The Inspector of Police, Sethubavachatram Police Station, Thanjavur District.

4. The Sub-Inspector of Police, Coast guard police, Pattukottai, Thanjavur District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents 3 and 4 not to harass the petitioner and her 1/5

family members on the basis of the petitioner's representation dated 16.07.2024 in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side)

ORDER

The petitioner has approached this Court that the respondent Police is harassing her under the guise of enquiry.

2. The learned Government Advocate (Crl. Side) submits that the petitioner's husband is the accused in Crime No.95 of 2024 on the file of the Sethubavachatram Police Station, for the offence under Sections 147, 148, 324, 506(ii) and 307 IPC. This case is also taken on file by the Sessions Court in S.C.No.234 of 2019 and a Non-bailable warrant was issued against the petitioner's husband on 08.09.2023. Therefore, the respondent Police, in order to execute 2/5

the warrant, which has been issued by the trial Court in S.C.No.234 of 2019, went to the petitioner's house in search of her husband.

3. Since the petitioner is the wife of the accused, who is absconding and against whom, a Non-Bailable Warrant is issued, this Court does not find any mistake in searching of the accused, who is evading trial in S.C.No.234 of 2019.

4. Accordingly, this Criminal Original Petition is dismissed. If the petitioner wants to avoid this type of harassment by the respondent Police, she shall advise her husband to surrender before the concerned Sessions Court, in S.C.No.234 of 2019. 26.07.2024 Index : Yes / No.

Internet: Yes / No.

NCC : Yes/No.

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To

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

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Pattukottai Sub Division, Thanjavur District.

3. The Inspector of Police, Sethubavachatram Police Station, Thanjavur District.

4. The Sub-Inspector of Police, Coast guard police, Pattukottai, Thanjavur District.

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

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B.PUGALENDHI, J.

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