T.Kannan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20042 of 2021 1.T.Kannan 2.K.Pushparani ... Petitioners Vs 1.The Superintendent of Police, O/o.Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Tirunelveli District, Tirunelveli.
3.The Inspector of Police, Radhapuram Police Station, Tirunelveli District, Tirunelveli.
4.The Inspector of Police, Pazhavoor Police Station, Tirunelveli District, Tirunelveli.
... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents 1 and 2 to direct respondent Nos.3 & 4 not to harass the petitioners without serving notice under Section 41A of Cr.P.C.
For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.side)
ORDER
This Criminal Original Petition has been filed to forbear the respondents from harassing the petitioners herein.
2. The learned Government Advocate(Crl.side) submitted that the first petitioner is involved in two criminal cases. He conceded 1/3
fairly that the second petitioner is not an accused in any case and that she has not come under the adverse notice of the respondents. 3.The grievance of the petitioners is that there has been a nocturnal visit by the police personnel attached to the third respondent. When the second petitioner is not an accused and when the first petitioner had already obtained bail / anticipatory bail in both the cases registered against him and when there has been no other case pending against the second petitioner, the respondents ought to have avoided such a nocturnal visit.
4. The learned Government Advocate(Crl.side) sought to explain the same by pointing out that to conclude the investigation, the third respondent is in need of some details and even though the third respondent sought to reach out the first petitioner, the first petitioner has not co-operated with the investigation and that is why, such a visit was necessitated.
5. In order to address the concerns of the third respondent, the first petitioner is directed to come to the station premises of the third respondent on 22.12.2021 at about 11.00 a.m., and furnish the details that may be sought for if they are in his possession and enjoyment. The respondents are mandated to deal with the first petitioner only in the manner known to law. The second petitioner shall not be harassed in any manner for any reason, so long as she does not come under the adverse notice of the respondents.
6. This Criminal Original Petition is disposed of on these terms.
Sd/- Assistant Registrar (A.D.II) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi 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, O/o.Superintendent of Police, Tirunelveli District, Tirunelveli.
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2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Tirunelveli District, Tirunelveli.
3.The Inspector of Police, Radhapuram Police Station, Tirunelveli District, Tirunelveli.
4.The Inspector of Police, Pazhavoor Police Station, Tirunelveli District, Tirunelveli.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-39235[F] dated 17/12/2021 ) Crl.O.P(MD)No.20042 of 2021 16.12.2021 RD(4.01.2022) 3P 7C 3/3