Madras High CourtCRL OP(MD)/20095/2021allowed

S. Abishek v. The Inspector Of Police

2021-12-16Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.20095 of 2021 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.20095 of 2021 S.Abishek ... Petitioner Vs 1.The Inspector of Police, Thattaparai Police Station, Thoothukudi District.

2.Ramachandran, The Sub Inspector of Police, Thattaparai Police Station, Thoothukudi District.

... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent herein not to harass the petitioner in the name of enquiry without due process of law. For Petitioner : Mr.S.Ramasamy 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 petitioner.

2. It is not in dispute that the petitioner's father Seeniselvaraj and his brother Lakshmana Kumar are accused in a case relating to fabrication of the High Court order. They are absconding and on the run. They appear to have filed a petition for anticipatory bail. Be that as it may, the petitioner is not an accused in the said case. Therefore, the respondents could not have summoned the petitioner to the station. If the respondents want to enquire the petitioner to ascertain the whereabouts of the petitioner's father and brother, it is of-course open to them to do so. But the respondents must bear in mind that the petitioner cannot be harassed to secure the arrest of his father and brother.

3. This Criminal Original Petition is allowed. Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.20095 of 2021 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 Inspector of Police, Thattaparai Police Station, Thoothukudi District.

2.The Sub Inspector of Police, Thattaparai Police Station, Thoothukudi District.

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

Crl.O.P(MD)No.20095 of 2021 16.12.2021 RK(19/01/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2