Kalara Arulselvi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR 1.Kalara Arulselvi 2.Andony ... Petitioners Vs.

1.State of Tamil Nadu rep., by the Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram.

3.Arul Velankanni ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the second respondent not to harass the petitioners and their family members in the name of enquiry and not to compel the second petitioner to live with the third respondent. For Petitioner : Mr.A.Joseph Jerry For R1 & R2 : Mr.A.Thiruvadikumar Additional Public Prosecutor 1/5

ORDER

The first petitioner/ mother of Antony, second petitioner herein, had sent a representation to the respondent police on 11.11.2024 stating that she has three children, one of them, namely, Antony, who is a TATA ACE Driver, recently got married to one Arul Velankanni/third respondent herein, who is a B.E Computer Science graduate. After the marriage, Arul Venakanni insisted the second petitioner to start a nuclues family. The first petitioner is not aware of the same. After three days of marriage, the first petitioner's daughter-in-law Arul Velankanni started to give life threat to her son stating that she has got suicidal tendency and she is interested in another person and she was forced to get married to the second petitioner. She has written three suicidal notes on 02.10.2024, 05.10.2024 and 08.10.2024.

The first petitioner's son is worried not knowing what steps to be taken to save his wife and to find out whether she can be treated and what is the remedial steps to be taken, on the other hand, complaint given by Arul Velankanni, on compulsion an undertaking was obtained by the police that the second petitioner and the third respondent will start a nuclues family.

Velankanni's mental condition, it would not be possible to have a nuclues family, unless she is treated. The parents of Arul Velankanni are not cooperating in this regard.

2. The learned Additional Public Prosecutor submitted that on the complaint of Arul Velankanni, the first petitioner's son called for enquiry on 02.11.2024 and CSR.No.275 of 2024 assigned. During enquiry, Antony/second petitioner had agreed to set up nuclues family and live with his wife separately. Recording the same, complaint closed. At that time, his wife's suicidal tendency not reported. Now, for the first time, before this Court, such representation is made.

3. In view of the above, CSR No. 275 of 2024 is reopened. The petitioners to appear before the respondent police, who shall collect the documents, verify the same and take necessary steps to refer the third respondent/ Arul Velankanni for psychotic treatment and thereafter, to continue with the enquiry ensure proper treatment given, if there is any mental disorder as complained by the petitioner. The parties can be referred to mediation, if required.

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4. With the above direction, this Criminal Original Petition is disposed.

NCC : Yes / No 26.11.2024 Index : Yes / No Rmk To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram.

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

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M.NIRMAL KUMAR, J.

Rmk Order made in Dated: 26.11.2024 5/5