Baby v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Baby .. Petitioner Vs.

1. The Commissioner of Police Madurai City, Madurai

2. The Inspector of Police Karimedu Police Station Madurai City, Madurai

3. Epimal Gnanaselvi .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS directing the second respondent not to harass the petitioner and her family members except according to due process of law. For Petitioners : Mr.J.John Rajadurai For Respondents : Mr.A.Thiruvadikumar No.1 and 2 Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed to direct the second respondent to not to harass the petitioner and her family members except according to due process of law.

2. The petitioner who is employed in education department had sent a representation to the respondents 1 and 2 on 29.10.2024 complaining that she had been unnecessarily harassed, but no action had been taken, hence the above petition.

3. The contention of the petitioner is that the petitioner for the past 34 years had served in the Education Department with any unblemished records. She got two children namely Surendar Raj and Suji Priyanka. Her son Surendar Raj had joined along with the son of the third respondent namely Rotrick and both of them were running hotel business in Chennai in the year 2019 and within few moths of their hotel business corona lock down started and due to which the hotel business was completely closed and they sustained heavy loss. This being so, suppressing the same, the 2/5

third respondent had lodged a complaint to the police and the police involving themselves in the money dispute threatening the petitioner to appear before them for enquiry otherwise a case would be registered and she will be arrested.

4. The respondent police on the complaint of the third respondent registered CSR No.612 of 2024 The petitioner avoiding to appear before the respondent police instead one Surendar Raj appeared on 26.10.2024 who had promised to come back on 02.11.2024, along with the petitioner his mother but thereafter they never appeared for enquiry. To divert the same the present petition has been filed.

5. The learned counsel appearing for the petitioner submitted that the petitioner is ready to appear before the respondent police on every weekends on Saturday and ready to give explanation with regard to the business transaction between her son and the son of the third respondent and also produce what are the materials available with her. 3/5

6. In view of the specific undertaking given by the learned counsel appearing for the petitioner that the petitioner will appear before the respondent police for enquiry on Saturday and on the days thereafter required for enquiry this Criminal Original petition stands closed. 11.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To

1. The Commissioner of Police Madurai City, Madurai

2. The Inspector of Police Karimedu Police Station Madurai City, Madurai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR,J.

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