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Madras High CourtCRL OP/8308/2018dismissed

Singanamala Ramesh Babu, M/53 v. The Commissioner Of Police,

2020-03-12Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 8308 of 2018 Singanamala Ramesh Babu ... Petitioner Vs 1.The Commissioner of Police, No.132, E.V.K.Sampath Road, Vepery, Chennai 600 007.

2.The Inspector of Police, R-1, Mambalam Police Station, T.Nagar, Chennai - 17.

... Respondents Prayer :- Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first respondent to issue suitable directions to the second respondent to give adequate Police protection, specifically by way of personal security officer, by way of a gun man to the petitioner as per the orders of this Court in Crl.O.P.No.21090 of 2013, dated 07.02.2014 and in Crl.O.P.No.20778 of 2014, dated 07.08.2014.

For Petitioner : Mr.M.Kempraj For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the first respondent to issue suitable directions to the second respondent to give adequate Police protection, specifically by way of personal security officer, by way of a gun man to the petitioner as per the orders of this Court in Crl.O.P.No.2109 of 2013, dated 07.02.2014 and in Crl.O.P.No.20778 of 2014, dated 07.08.2014.

2. It is seen from records that the petitioner has filed a petition in Crl.O.P.No.21090 of 2013, before this Court to direct the respondents police to provide adequate police protection to the petitioner and his family members and the same was ordered by this Court on 07.02.2014. But, the order passed

by this Court was not complied with the respondent police. Therefore, the petitioner has filed another petition in Crl.O.P.No.20778 of 2014, before this Court for a direction to the respondent police to grant police protection specifically by way of personal security officer by way of a gunman, to the life and limb of the petitioner and his family members and the same was ordered by this Court on 07.08.2014.

3. The learned counsel for the petitioner would submit that in spite of the orders passed by this Court in Crl.O.P.Nos.21090 of 2013 & 20778 of 2014, the respondents have not complied with the orders of this Court. Therefore, the petitioner has made a representation before the first respondent on 01.03.2018 to issue necessary directions to appropriate subordinate officers to grant personal police security the petitioner by way of gunman on turn basis with the State of Tamil Nadu including Chennai City as per the directions of the order of this Court. Since the same was not considered, this petition has been filed seeking for appropriate direction.

4. The learned Additional Public Prosecutor would submit that the representation given by the petitioner is under consideration of the respondent herein.

5. Heard Mr.M.Kempraj, learned Counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor for the respondents and perused the materials placed on record.

6. On a perusal of the records, it is seen that on earlier occasions, this Court has passed the orders for providing police protection to the petitioner and his family, but the respondent police has not complied with the orders passed by this Court.

7. Taking into consideration the above facts and circumstances, the second respondent is directed to conduct an enquiry on the complaint lodged by the petitioner after issuance of notice to the counter party and pass orders on merits in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

8. In view of the above, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

To 1.The Commissioner of Police, No.132, E.V.K.Sampath Road, Vepery, Chennai 600 007.

2.The Inspector of Police, R-1, Mambalam Police Station, T.Nagar, Chennai - 17.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Kempraj, Advocate SR.22345 Crl.O.P.No. 8308 of 2018 rsk[co] srg 24/09/2020