Thangadurai v. The Superintendent Of Police

Crl.O.P(MD)No.15100 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.15100 of 2020 1.Thangadurai 2.Thangadevendran 3.Vijayakumar ... Petitioners Vs 1.State represented by The Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Thoothukudi South Station, Thoothukudi District.

... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the 2nd respondent not to harass the petitioners under the guise of enquiry.

For Petitioner : Ms.G.Sreenisha for M/s.Sissy Law Associates For R1 & R2 : Mr.V.Neelakandan, Additional Public Prosecutor(Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent not to harass the petitioners under the guise of enquiry.

2.The learned counsel appearing for the petitioners would submit that the 1st petitioner's son is arrayed as an accused No.4 in Crime No.825 of 2020, for the alleged offences under Sections 147,148,341, 294(b), 324, 307, 506(ii), 427 IPC. Totally, there are 4 accused in this case. Accused Nos. 3 & 4 were absconded. According to the petitioners, the respondent police often calling the petitioners for enquiry, who are the father, brother and brother-inlaw of the Accused No.4. The grievance of the petitioners is that without minding the fact that the 1st petitioner is the senior citizen and without any allegations against these petitioners, the respondent police are harassing the petitioners under the guise of enquiry. The learned counsel for the petitioners would specifically submit that the mother of the 4th accused was taken by the police in the police van for enquiry. Therefore, the petitioners have made representation on 11.12.2020. Since no action has been taken by them, the petitioners are before this Court with this present petition.

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Crl.O.P(MD)No.15100 of 2020 3.The learned Additional Public Prosecutor appearing on behalf of the respondent Nos. 1&2, on instructions, would submit that the 1st petitioner's son was arrayed as an accused No.4 in Crime No.825 of 2020 and the petitioners were called for enquiry, only to know about the whereabouts of the accused No.4. There is no such harassment as contended by the petitioners.

4.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the 1st & 2nd respondents.

5.Recording the above submission made by the learned Additional Public Prosecutor,(Crl.side), this Criminal Original Petition is closed. However, there shall be a direction to the respondent police not to harass the petitioners unnecessarily. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:- 1.The Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Thoothukudi South Station, Thoothukudi District.

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

+1cc to M/s.Sissy Law Associates , Sr.No.26939 Crl.O.P(MD)No.15100 of 2020 18.12.2020 VB (07.01.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2