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2026 Supreme(Online)(Mad) 31475
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J
V. Venkatesan – Appellant
Versus
The Commissioner of Police – Respondent
Criminal Original Petition
For the Petitioner(s): Mr.J.Muralikrishnan
For the Respondent(s): Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor
Police monitoring of history sheeter with NDPS antecedents for elections is legitimate, not harassment.
Headnote:First Paragraph: Relevant provisions include Section 482 Cr.P.C and 528 of BNSS for quashing harassment in enquiries, and Section 110 Cr.P.C for bonds. Petitioner operates transport business, has children in school, faces pending NDPS trial in C.C.No.734 of 2025 and discharged from another in C.C.No.251 of 2025, alleges police harassment via station calls and odd-hour visits. Court finds petitioner is history sheeter with NDPS antecedents involving 18 kgs Methamphetamine, monitoring permitted for elections, not harassment. Second Paragraph: Issues framed as whether police monitoring of history sheeter constitutes harassment despite due process representation. Ratio: Antecedents and official permission for monitoring justify police action, distinguishing legitimate surveillance from undue harassment. Last Paragraph: Criminal Original Petition dismissed.
| Table of Content |
|---|
| 1. petition seeks protection from police harassment in ongoing ndps cases. (Para 1 , 2) |
| 2. petitioner classified as history sheeter, monitoring approved. (Para 3) |
| 3. antecedents justify monitoring; petition dismissed. (Para 4 , 5) |
ORDER
This Criminal Original Petition has been filed, seeking a direction to the respondents not to harass the petitioner under the guise of enquiry without following due process of law, based on his representation dated 05.03.2026.
2. The learned counsel for the petitioner submitted that the petitioner has made a representation on 05.03.2026 before the respondents, stating that he owns and operates a transport business in the name and style of “Om Muruga Transport”. His son is studying in the 12th grade and his daughter is studying in the 10th grade and the petitioner is leading a peaceful life with his family. While so, the case has been registered against the petitioner in Crime No.1176 of 2024, which is now pending trial in C.C.No.734 of 2025 under the NDPS Act. It is also submitted that no other criminal cases are pending against the petitioner except the said case. The petitioner has been regularly appearing before the Court without fail and is cooperating with the trial proceedings. Despite the same, the respondent police are attempting to implicate the petitioner in yet another case and frequently calling upon the petitioner to the police station and compelling him to execute a bond under Section 110 Cr.P.C, thereby causing harassment.
2.1. According to the petitioner, apart from the above case, no other case is pending and the other case in Crime No.233 of 2024, which has been projected against the petitioner. However, after investigation, a charge sheet has been filed in C.C.No.251 of 2025, and the petitioner filed a discharge petition in Crl.M.P.No.5464 of 2025, and the trial Court vide order dated 05.02.2026, allowed the petition and discharged the petitioner from the said case. Inspite of the same, the respondent police are visiting the petitioner's residence at odd hours, which amounts to harassment.
3. Mr.Leonard Arul Joseph Selvam, learned Additional Public Prosecutor appearing for the respondents submitted that the petitioner is a history sheeter in H.S.No.M1 PS/R/08/2025, and the Inspector of Police, M1 Madhavaram P.S., has addressed a letter to the Assistant Commissioner of Police, Kolathur Range, Puzhal Range, Chennai, seeking permission for opening a History Sheet against the petitioner. The same was permitted by an order dated 15.05.2025 and the Inspector of Police, M1 Madhavaram P.S., Chennai was directed to closely monitor the activities of the petitioner.
4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent and also perused the materials available on record.
5. In view of the above submissions made by the learned counsel on either side, it is seen that the petitioner is a History Sheeter, and had earlier involved in two NDPS cases involving possession of 18 kgs of Methamphetamine. Considering the antecedents, and the fact that the Assistant Commissioner of Police, by order dated 15.05.2025, had directed the Inspector of Police, M1 Madhavaram P.S, to monitor the movement of the petitioner for the purpose of forthcoming general election, such action on the part of the respondent police cannot be termed as harassment against the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed.
