Police must adhere to due process and avoid harassment exempting lawful oversight.

ORDER

This Criminal Original Petition has been filed to direct the 2^nd respondent herein not to harass the petitioner and her family members, and not to compel her attendance at the Police Station, in any manner except by strict adherence to the due process of law and judicial directions.

2.The case of the petitioner is that she is the sister of one Vijayakumar who was previously arrested in Crime No.931 of 2024 on the file of the 2^nd respondent. The petitioner's brother was in judicial custody for 7 months and later, he was released on bail in the month of May and he has now been attending the Trial Court in respect of the case registered against him. Further, the petitioner's brother, as on today, is not living with her and living at Salem fearing danger from the opposite party and he is not in Chennai. Under the garb of surveillance of the petitioner's brother, the respondent police are visiting the house of the petitioner in the wee hours and knocking the door and creating the problems to the petitioner. The petitioner is living as a tenant in the house and due to the continuous disturbance by the respondent police in the night hours, causing distress to the petitioner and her family members, she has been forced to relocate to some other place. In this regard, though the petitioner has sent a representation dated 28.10.2025 to the respondents, action has not been taken till now. Hence, the present petition has been filed.

3. On instructions, the learned Government Advocate (Crl.Side)

appearing for the respondents 1 and 2 would submit that the petitioner's brother, Vijayakumar, is a habitual offender and history sheeter who is also facing a case in C.C. No.190 of 2020 relating to murder of one Balayuvaraj. On a specific information, the said Vijayakumar is visiting his sister's house frequently and he is also facing danger from the opposite party. Hence, the respondent police is keeping surveillance over the house of the petitioner in accordance with the Police Standing Orders. Other than that they have not harassed the petitioner.

4.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the first respondent. Perused the materials available on record.

5. On a perusal of the records, it is seen that the grievance of the petitioner is that under the garb of surveillance on the petitioner's brother, the respondent police have unnecessarily been visiting the petitioner's house in the wee hours though the petitioner's brother is not in her house. The claim of the petitioner is genuine, as the petitioner being a lady, aged about 20 years, who is living as a tenant along with her family members in the house, cannot be disturbed in the night hours. Hence, it is made clear that the respondent police shall not visit the petitioner at her house during the night hours. However, if any enquiry with regard to the case is required, the police can enquire the petitioner during the day time.

6.Accordingly, this criminal original petition stands allowed.

Consequently, connected miscellaneous petition is also closed.