Madras High CourtCRL OP(MD)/15331/2021disposed of

Dhulasiraman v. The Superintendent Of Police

2021-10-07Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.15331 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.15331 of 2021 Dhulasiraman ... Petitioner Vs.

1.The Superintendent of Police, Thanjavur.

2.The Inspector of Police, Nachiarkoil Police Station, Thanjavur.

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

For Petitioner : Mr.P.Yasmin Begum For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

This petition has been filed seeking direction to the respondents not to harass the petitioner without any proper complaint, enquiry on investigation that is pending against the petitioner.

2.The learned counsel for the petitioner would submit that on the previous occasion, he was implicated in a criminal case and got bail also. After that even during the night hours, the second respondent police along with his team came to his house and harassed the petitioner and at that time, his wife and 9 months old baby were also available in house.

3.The learned Additional Public Prosecutor would submit that the petitioner is a history sheeted rowdy in H.S.No.515 of 2021 and for the purpose of monitoring and surveillance, the police visited the house except that there was no harassment. No doubt, it is the duty of the police to monitor the movements of the history sheeted person by visiting the place of residence but visiting during the odd hours may not be proper. If any trouble is faced by the second respondent because of the petitioner's activities, they can very well take appropriate action. Without taking action, it is not proper on the part of the second respondent to visit the house of the petitioner in the night hours. If any trouble arises in future, the petitioner is permitted to take appropriate proceedings. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15331 of 2021 4.With the above said liberty, this petition is disposed of. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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, Thanjavur.

2.The Inspector of Police, Nachiarkoil Police Station, Thanjavur.

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

+1 CC to M/s.P.YASMIN BEGUM, Advocate (SR-31885[F] dated 11/10/2021) Crl.O.P.(MD)No.15331 of 2021 07.10.2021 MA(CO) RS/PM (01.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2