For deliberately violating its directions not to arrest the petitioner
CHENNAI: The Madras High Court has directed the Chennai Police Commissioner to enquire and take suitable action against a woman police Inspector and an Assistant Commissioner for deliberately violating its directions.
Following a complaint from Bhavani, petitioner Sivaraman’s wife, arising out of a family dispute, the petitioner moved the High Court seeking anticipatory bail. When the matter came up on October 29, it was adjourned by several weeks as there was a possibility of the dispute ending in a compromise.
The court directed the Government Advocate (criminal side) not to arrest the petitioner.
When Mr. Sivaraman appeared before the All Woman Police Station, MKB Nagar here on November 23, he was arrested and remanded to judicial custody.
In her counter, Inspector Jamunarani stated that Ms. Bhavani created a scene in front of the police and threatened to commit suicide. To salvage the situation, the petitioner was arrested. The Inspector tendered unconditional apology.
Passing orders on Mr. Sivaraman’s bail petition, Justice T. Sudanthiram said compromise talks could not be held when the sword of arrest was hanging above the head of the accused. Bearing that in mind, the court had directed the police not to arrest him.
Whether the direction was legally sustainable or not, the arresting officer in the case had deliberately violated court direction. The Inspector had also not taken any action against Ms. Bhavani and had not registered a case against her. As the petitioner was arrested, he would have lost his faith in the judicial system.
“This is a very unfortunate incident and also unpardonable,” Mr. Justice Sudanthiram said and directed the Police Commissioner to take action against Ms. Jamunarani and the Assistant Commissioner, Murali. He granted bail to the petitioner.