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Madras High CourtCRL OP/7657/2017allowed

S.Abishek, Aged 26 Yrs, v. The Commissioner Of Police

2017-10-27Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.10.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.7657 of 2017 S.Abishek ... Petitioner Vs.

1. The Commissioner of Police Tiruppur District, Tiruppur.

2. State Rep by the Inspector of Police Tiruppur North Police Station, Tiruppur District.

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to provide police protection to the petitioner and petitioner's property. For Petitioner :

Mr.N.Manokaran For Respondents :

Mr.P.Govindarajan, APP

O R D E R

The limited prayer sought for in the present petition is for a direction to the respondent police to extend protection to safeguard his property.

The learned counsel for the petitioner submitted that in connection with the property at T.S.No.653, New No.11, in Door No.10/31 Royapuram East Street, Thotipalayam Village, Tirupur North Taluk, Tirupur District, he had filed a suit in O.S.No.51 of 2017 along with I.A.No.400 of 2017, before the learned II Additional District and Sessions Court, Tiruppur and by an order dated 11.10.2017, an order of interim injunction has been granted in his favour.

It is needless to point out that whenever the petitioner's property is protected by order of Civil Court, the respondent police are duty bound to extend the necessary protection for the purpose of implementing the Civil Court's order.

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With the above observation, the petitioner is granted liberty to approach the respondent police with necessary representation seeking for protection and on receipt of the same, the respondent police shall positively extend the police protection for the purpose of ensuring that the petitioner enjoys the property pursuant to the Civil Court decree. Such an exercise shall be completed within a period of two weeks from the date of receipt of a copy of the representation after giving an opportunity to the defendants in the Civil Suit also. With the above observations and directions, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar (CS-IV) Dt.7.11.17 /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police Tiruppur District, Tiruppur.

2. The Inspector of Police Tiruppur North Police Station, Tiruppur District.

3.The Additional Public Prosecutor, High Court, Madras.

+1 cc to Mr.N.Manokaran,advocate,sr.76385.

Krd 7/11 Crl.O.P.No.7657 of 2017 https://hcservices.ecourts.gov.in/hcservices/