L. Abdul Rahim v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2015 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.20287 of 2015 L.Abdul Rahim

...Petitioner

Vs.

1.The Commissioner of Police, Chennai City.

2.The Inspector of Police, F-1, Chinthadripet Police Station, Chennai.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to direct the 2nd Respondent to provide adequate police protection to the petitioner and his family members by considering his representation dated 23.06.2015 in accordance with law within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.S.Mohamed Ansar For Respondents : Mr.C. Emalias Addl. Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent to provide adequate police protection to the petitioner and his family members by considering his representation dated 23.06.2015 in accordance with law.

2. Heard the learned counsel for the petitioner and the learned Additional Public prosecutor for the respondents.

3. The respondent police have filed a counter, wherein, in paragraphs 3, 4 & 5, it is stated as follows; " It is submitted that the petitioner is involved in the following crime Nos.

Sl.No.

Police Stations and Crime Nos.

Section of Law Stage of the case 1.

F-1, Chinthadripet PS Crime No.809/2014 U/s.147,148,341,307 IPC @ 147, 148, 341, 302 IPC Pending trial 2.

F-1, Chinthadripet PS Crime No.820/2014 U/s.147, 148, 294(b) 341, 323, 392, 395, 398 & 506(ii) IPC Under investigation 3.

F-1, Chinthadripet PS Crime No.850/2014 U/s.147, 148, 294 (b), 341, 323, 392, 395, 398 & 506(ii) IPC Under investigation Hence, the 2nd respondent police opened a History Sheet vide H.S.No.F1/R/13/2014, dated 24.11.2014 against the petitioner.

Further, the petitioner/accused detained as "GOONDAS" by the Commissioner of Police, Chennai City vide No.BDFGISSV/1941/2014, dated 25.11.2014 and subsequently, he released on bail on 12.06.2015 in HCP No.3699/2014 on the file of the Honourable High Court, Madras.

4. It is submitted that the petitioner lodged a complaint before the 1st respondent police on 23.06.2015, based on that the Commissioner of Police, Chennai has assigned the C.No.1684/COP/Visitors/2015, dated 23.06.2015 and the same was forwarded to me through proper channel for enquiry and I assigned C.No.11/INS/FIPS/2015, dated 27.06.2015.

5. It is submitted that as per the direction of the Commissioner of Police, Chennai City, I have conducted enquiry in this regard and there is no absolute necessity for his personal protection by the police personnel as the residence of the petitioner having full surveillance in day and night by the 2nd respondent police personnel.

Already, the 2nd respondent police have registered a case against the petitioner in F-1, Chinthadripet Police Station Crime No.869/2015 under Section 110 Cr.P.C."

4. In view of the above, police protection as prayed for by the petitioner cannot be granted. As and when there is a perceive

threaten to the life of the petitioner, he may approach the police for protection. Hence, the petition is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar sms To 1.The Commissioner of Police, Chennai City.

2.The Inspector of Police, F-1, Chinthadripet Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

1 cc to Mr. S.Mohamed Ansar, Advocate Sr.No.44151 Crl.O.P.No.20287 of 2015 mp(co) pmk.3.9.2015