1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2011 CORAM THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD).No.11512 of 2011 1.K.Senthil Kumar 2.Kanthasamy 3.Velayutham ... Petitioners Vs 1.The Commissioner of Police, Madurai District, Madurai. 2.The Inspector of Police, All Women Police Station, Thallakulam, Madurai-2. ... Respondents Prayer: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent not to harass the petitioners and their family members. For Petitioners :Mr.R.Vijayakumar For Respondents :Mr.K.V.Rajarajan Govt.Advocate(Crl. Side) ORDER This petition has been filed to direct the second respondent not to harass the petitioners and their family members. 2. Heard the learned Counsel for the petitioners would submits that the first petitioner is the husband of the de-facto complainant and the second petitioner is the father-in-law and the third petitioner is the brother-in-law. The first petitioner obtained ex-parte decree of divorce in H.M.O.P.No.360 of 2007 and now, the respondents received a complaint from the Maheswari, the wife of the first petitioner and harassing the petitioners. Hence, the petitioners come forward with the application seeking a direction to the second respondent not to harass the petitioners and their family members. 3.The second respondent is present and submitted that an ex-parte decree of divorce has been obtained by the first petitioner in H.M.O.P.No.360 of 2007. 4.Considering the rival submissions it is seen that after obtaining the ex-parte decree for divorce, the wife namely Maheswari filed an application to set aside the ex-parte decree which was dismissed after the completion of statutory period and the first petitioner got second marriage and have a child. 5.As per the version of the learned Counsel for the petitioners, on the basis of petition given by Maheswari, the petition enquiry is https://hcservices.ecourts.gov.in/hcservices/ 2 pending. Hence, I am inclined to direct the respondents not to harass the petitioners and their family members. 6.Whatever might be the circumstances, there shall be no harassment to the petitioners, but let the police investigate into the matter in accordance with law and the mandates as found set out in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. If really, the police want to interrogate, it is open for the police to issue summons to the petitioners. Thereupon, the petitioners shall appear before the police and submit themselves for interrogation. The petitioners are also permitted to take the assistance of the Advocate to the limited extent as found envisaged in the precedent cited supra. 7. With the above direction, this petition is closed. Sd/- Deputy Registrar (Writs) /True copy/ Assistant Registrar To 1.The Commissioner of Police, Madurai District, Madurai. 2.The Inspector of Police, All Women Police Station, Thallakulam, Madurai-2. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Gsr SR : 20.09.2011 : 2p/4c Crl.O.P.(MD).No.11512 of 2011 09.09.2011 https://hcservices.ecourts.gov.in/hcservices/