The Madurai Bench dismissed a bail petition filed to stop police harassment. A direction was issued to police to summon the petitioner with proper date and time, aligning with Supreme Court guidelines, rather than allowing random calls.
Direction to police to issue proper summons with date and time instead of calling at odd hours.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.(MD)No.104 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.01.2024
CORAM :
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Crl.O.P.(MD)No.104 of 2024
Dhayalan
...Petitioner
Vs.
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Crl.O.P.(MD)No.104 of 2024
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondents not to harass the petitioner and his family members under the guise of enquiry.
For Petitioner : Mr.A.Karthik
For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor
ORDER
This Criminal Original Petition had been filed seeking direction against the Respondents not to harass the Petitioner.
2. The learned Counsel for the Petitioner submitted that the
Petitioner’s son was arrested and remanded by the Respondents No.3 to 5.
involved in robbery cases, earlier also he was arrested and remanded.
Petitioner's son was involved in five cases, viz., Crime No.242 of 2023 https://www.mhc.tn.gov.in/judis
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Crl.O.P.(MD)No.104 of 2024
before the Amathur Police Station for an offence punishable under Section 392 IPC, Crime No.108 of 2019 before the Madurai Othakadai Police Station for an offence punishable under Section 392 IPC, Sivagangai Taluk, Crime No.117 of 2023 before the Alaiyarkoyil Police Station for the offence punishable under Section 394 IPC, Crime No.48 of 2023 before the Velayuthapattinam Police Station for an office punishable under Section 395 IPC and Crime No.189 of 2023 before the Mathugapatti Police Station for an offence punishable under Section 395 IPC cases. With regard to investigation process, the Petitioner was summoned by the Respondent Police. Instead of appearing before the Respondents No.3 to 5, he had come forward by filing this Petition.
273], the respondents No.1 to 5, are directed to issue proper summon to the https://www.mhc.tn.gov.in/judis
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Crl.O.P.(MD)No.104 of 2024
Petitioner, specifying the date and time and also they shall not harass the
Petitioner by calling him at odd hours without issuing any summon.
disposed of.
05.01.2024
Index : Yes/No Internet:Yes/No jbr
To
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Crl.O.P.(MD)No.104 of 2024
SATHI KUMAR SUKUMARA KURUP, J.,
jbr
Crl.O.P.(MD)No.104 of 2024
05.01.2024
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2 issues framed by the court
Whether police officials should be directed to issue proper summons instead of calling the petitioner at odd hours without legal warrant.
Whether a summons can be issued preventing harassment of the petitioner under guise of investigation.
Colour shows how this judgement treated each authority
Lalitha Kumari Vs. State of Uttar PradeshApplied¶33
Lalitha Kumari Vs. State of Uttar Pradesh reported in (2014) 2 SSC 1
Arnesh Kumar Vs. State of Bihar and anotherApplied¶33
Arnesh Kumar Vs. State of Bihar and another [2014 (8) SCC 273] · Who else cites this
1 provisions across 1 enactments
Dhayalan
Superintendent of Police, Sivagangai District
Deputy Superintendent of Police, Sivagangai Circle
Inspector of Police, Kalaiyarkovil Police Station
Inspector of Police, Madhagupatti Police Station
Inspector of Police, Velayuthapattinam Police Station
Sathi Kumar Sukumara Kurup
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
