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Madras High CourtCRL OP/5148/2022disposed of with direction

E.Kala v. The District Collector

2022-03-03Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.5148 of 2022 E.Kala ... Petitioner Vs.

1.The District Collector, Ranipet District, Ranipet.

2.The Superintendent of Police, O/o.Superintendent of Police, 3.The Inspector of Police, Kalavai Town Police Station, Kalavai, ... Respondents PRAYER: The Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to direct the 2nd and 3rd Respondents herein to provide adequate police protection to the Petitioner and also the life and limb of the Petitioner and her family members.

For Petitioner : Mr.Cs.Iyyaparaj For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to direct the 2nd and 3rd Respondents, to provide adequate police protection to the Petitioner and also the life and limb of the Petitioner and her family members.

2.Learned counsel for the Petitioner would submit that the Petitioner was elected as councillor of Ward-II of Kalavai Town Panchayat in Ranipet District. She belongs to ADMK party and her party proposed her as Chairman candidate and the election to the post of Chairman is scheduled to be held on 04.03.2022. Now the Petitioner and her family members are receiving threats, compelling her to join ruling party and vote in favour of the candidate proposed by the ruling party, thereby, the present Petition has been filed seeking for police protection to cast her vote for the election of

Chairman, which is schedule to be held on 04.03.2022 and to safely return her home.

3.Learned Additional Public Prosecutor would submit that the Petitioner is an accused in Crime No.50 of 2022, registered for the offences under Sections 465, 468 & 471 IPC. He would further submit that the apprehension of the Petitioner is unfounded.

The Petitioner had already approached this Court and she has been granted interim anticipatory bail in Crl.OP.No.5115 of 2022 and there is no requirement to give police protection.

4.At this juncture, the learned counsel for the Petitioner would submit that the Petitioner has been granted an interim anticipatory bail and as on today, there is no necessity for arrest of the Petitioner. However, the apprehension is genuine and the Petitioner has got the call details and audio clippings of telephonic conversations to prove that she was continuously threatened to support the ruling party.

5.Heard the learned counsel appearing on behalf of both sides and perused the materials available on record. 6.This Court taking into consideration the apprehension of the Petitioner, directs the Petitioner to appear before the 3rd Respondent at 08.00 am on 04.03.2022 along with her counsel/Advocate and the 3rd Respondent shall give adequate police protection and ensure that the Petitioner casts her vote at the office of the Kalavai Town Panchayat, without any disturbance.

7.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS VII) //True Copy// Sub Assistant Registrar shk/sai To 1.The District Collector, Ranipet District, Ranipet.

2.The Superintendent of Police, O/o.Superintendent of Police,

3.The Inspector of Police, Kalavai Town Police Station, Kalavai, 4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.Iyyaparaj, Advocate, S.R.No.13980 Crl.O.P.No.5148 of 2022 MG(CO) GN(03/03/2022)