Velmurugan vs The State Rep. By
2023 Latest Caselaw 6088 Mad

                                                                                    Crl.O.P.No.24269 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED : 13.06.2023

                                                              CORAM

                                  THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

                                                    Crl.O.P.No.24269 of 2022

                     Velmurugan                                                     ... Petitioner

                                                                Vs.

                     The State rep. by
                     The Inspector of Police,
                     Thalaivasal Police Station,
                     Salem District.                                                ... Respondent

                     Prayer : Criminal Original Petition has been filed under Section 482 of
                     Criminal Procedure Code to direct the respondent not to harass the
                     petitioner in connection with Crime No.280 of 2022 dated 07.08.2022
                     pending investigation on the file of the respondent police.

                                        For Petitioner      : Ms.R.Saraswathi
                                                              for Mr.S.Mohanavadivelan

                                        For Respondent      : Mr.A.Gokulakrishnan
                                                              Additional Public Prosecutor

                                                              ORDER

The petitioner/accused in Crime No.280 of 2022 for the offence under

Sections 294(b), 323, 506(ii) of IPC and Section 24 of Maintenance and

https://www.mhc.tn.gov.in/judis Crl.O.P.No.24269 of 2022

Welfare of Parents and Senior Citizens Act, 2007, filed this petition seeking

for a direction to direct the respondent not to harass the Petitioner in

connection with the above crime number.

2.The contention of the petitioner is that the petitioner and his two

sisters along with their mother/defacto complainant herein are in ownership

of properties as Hindu Undivided Joint Family to an extent of 13 acres in

Salem District. The petitioner has been cultivating 8 acres of land and the

defacto complainant/petitioner's mother is cultivating 5 acres of land. After

the death of petitioner's father Palanivel on 31.08.2019, the defacto

complainant started giving trouble by pressurizing the petitioner to settle the

property to an extent of 5 acres in her name absolutely. Due to this dispute

there have been several cases pending between them. The petitioner lodged

a complaint which was taken in Crime No.280 of 2022 and the petitioner's

sister lodged a complaint which was taken in Crime No.295 of 2022. The

defacto complainant herein as a counter blast lodged two complaints in

Crime Nos.281 of 2022 and 296 of 2022. The defacto complainant is

converting a civil dispute into a criminal case suppressing the fact that

https://www.mhc.tn.gov.in/judis Crl.O.P.No.24269 of 2022

already a civil dispute is pending between them in O.S.No.148 of 2022

before the Sub Court, Attur. The respondent police taking sides with the

defacto complainant is harassing the petitioner. The petitioner who is a

Professor in Bharath Institute of Higher Education and Research, Chennai is

called for enquiry and harassed. Hence, he filed this petition.

3.Learned counsel for the petitioner submits that the petitioner had

already obtained anticipatory bail in this case in Crl.O.P.No.19813 of 2022

dated 23.08.2022 and despite the same, the petitioner is being harassed.

4.Learned Additional Public Prosecutor submits that the defacto

complainant is none other than the mother of the petitioner, there is a family

dispute with regard to the property, there have been cases in counter and so

far, four cases registered between them in Crime Nos.280/2022, 281/2022,

295/2022 and 296/2022. He would submit that the petitioner after obtaining

anticipatory bail in Crl.O.P.No.19813 of 2022 on 23.08.2022, though had

executed sureties, he has not complied with the condition, namely, to appear

before the respondent daily at 10.30 a.m. for a period of two weeks and

https://www.mhc.tn.gov.in/judis Crl.O.P.No.24269 of 2022

hence, to circumvent the same, the above petition has been filed. He would

further submit that finding that the dispute between the petitioner and the

defacto complainant is never ending, the respondent police made a request

and referred the matter to RDO on 27.03.2023 for execution of bond to

maintain peace under Section 107 Cr.P.C. He further submits that

appropriate steps would be taken following the judgment of the Apex Court

in the case of P.K.Shaji vs. State of Kerala reported in [2005] AIR SCW

5560.

5.Considering the submissions made and on perusal of the materials,

finding that it is a family dispute and there have been cases in counter and

the petitioner being an accused obtained anticipatory bail, not complying

with the condition filing this petition as though he is being harassed is not

proper and sustainable. Hence, this Criminal Original Petition is dismissed.

13.06.2023 Index : Yes/No Speaking Order/Non-Speaking Order cse

https://www.mhc.tn.gov.in/judis Crl.O.P.No.24269 of 2022

To

1.The Inspector of Police, Thalaivasal Police Station, Salem District.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.24269 of 2022

M.NIRMAL KUMAR, J.

cse

Crl.O.P.No.24269 of 2022

13.06.2023

https://www.mhc.tn.gov.in/judis