IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.02.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.2540 of 2017
1. Saravanan
2. Valliyammal ... Petitioners Vs
1. The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.
2. The Deputy Superintendent of Police, Cheyyar, Tiruvannamalai District.
3. The Sub Inspector of Police, Peranamallur Police Station, Peranamallur, Tiruvannamalai District. ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the third respondent not to harass and intervene into the peaceful life of the petitioners and also not to threaten the petitioners to compromise / to be hostile witness in their son's murder case in Crime No.232 of 2012 under Sections 302 and 379 I.P.C.
For Petitioners : Mr.B.Jawahar For respondents : Mr.C.Emalias, Addl. Public Prosecutor ORDER The present criminal original petition has been filed seeking a direction to the third respondent not to harass and intervene into the peaceful life of the petitioners and also not to threaten them to compromise / to be hostile witness in their son's murder case in Crime No.232 of 2012 under Sections 302 and 379 I.P.C.
2. It is the case of the petitioners that on 26.4.2012, their son aged 4 years was murdered brutally by one Mohan and a case was also registered in Crime No.232 of 2012 under Sections 302 and 379 I.P.C. On 6.12.2012, the said Mohan along with the Panchayat President and his henchmen, waylaid the first petitioner and threatened him to withdraw the complaint. Hence, the second petitioner lodged a complaint with the third respondent police. Since the third respondent has not taken any action, she sent several representations to the higher authorities. Since she sent a representation to the first respondent, the third respondent by colluding the accused, registered a false case as against the first petitioner. Even thereafter, the third respondent threatened them to compromise the matter. Hence, the petition.
3. Today, when the matter was taken up for consideration, on instructions, learned Additional Public Prosecutor submitted that there is a theft case as against the first petitioner, for which, the first petitioner's presence alone is required by the third respondent police for enquiry.
4. To give a quietus to this matter, the first petitioner is directed to appear before the third respondent on 20.2.2017 for enquiry in Crime No.57 of 2015, on which date, the enquiry should be completed. Thereafter, there shall not be any unnecessary and undue harassment by the third respondent police as against the petitioners related to the said case. The third respondent is also directed to take appropriate action with regard to Crime No.232 of 2012 forthwith. The Criminal Original Petition is disposed of accordingly.
10.02.2017 Index:Yes/No sbi To
1. The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.
2. The Deputy Superintendent of Police, R.MAHADEVAN, J sbi Cheyyar, Tiruvannamalai District.
3. The Sub Inspector of Police, Peranamallur Police Station, Peranamallur, Tiruvannamalai District.
4. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.2540 of 2017 DATED: 10.2.2017