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S Selvam vs The State

Madras High Court|31 January, 2017
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JUDGMENT / ORDER

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 31.01.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.1889 of 2017 S.Selvam ... Petitioner Vs The State, rep.by The Inspector of Police, K-8, Arumbakkam Police Station, Chennai-106 ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police not to harass the petitioner for offences committed by his son or others.
For Petitioner : Mr.S.Namo Narayanan For Respondent : Mr.C.Emalias Addl.Public Prosecutor ORDER The present criminal original petition has been filed seeking a direction to the respondent police not to harass the petitioner for the offences committed by his son or others.
2. It is the case of the petitioner that he is a physically disabled person with a disability of 45%. The respondent police is suspecting his son as if he has been involved in the recent riots happened in Chennai City on 23.1.2017. In fact, the petitioner's son is a II Year college student, undergoing NCC Camp training at his college. On 26.1.2017, the respondent police descended his house searching for his son and since his son was not available, the respondent police took the petitioner to the police station and tortured him. Thereafter, the Principal and the NCC Master of the college, went to the police station and informed that the petitioner's son was very much available in the NCC Camp during that time. However, they released the petitioner only on the next day, with an undertaking that he must be present in police station on the next day. Hence, the petitioner has come forward with the present petition seeking a direction to the respondent police not to harass him for the offences committed by his son or others.
3. For the offence alleged to have been committed by the son, the respondent police directed the father to appear before them for enquiry. Such sort of direction by the respondent police is unwarranted. Hence, the respondent police is directed not to harass the petitioner. However, it is open to the respondent police to take appropriate legal action against the accused persons and not against the petitioner.
4. With the above directions, the present criminal original petition is disposed of.
31.01.2017 Index:Yes/No sbi To
1. The Inspector of Police, K-8, Arumbakkam Police Station, Chennai-106
2. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J sbi Crl.O.P.No.1889 of 2017 DATED:
31.1.2017 http://www.judis.nic.in
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Title

S Selvam vs The State

Court

Madras High Court

JudgmentDate
31 January, 2017
Judges
  • R Mahadevan