Madras High CourtCRL OP/9645/2019disposed of

M.Senthil Kumar @ Kesava Perumal v. The Superintendent Of Police

2019-04-10Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.9645 of 2019 M.Senthil Kumar @ Kesava Perumal ... Petitioner Vs 1.The Superintendent of Police, Namakkal District.

2.The Deputy Superintendent of Police, Thiruchengodu, Namakkal District.

3.The Inspector of Police, Namakkal Police Station (Town), Namakkal District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the 3rd respondent to grant police protection to this petitioner to take delivery of the vehicle bearing reg. no.KA 51 ME 2067 from the premises of Rajamurugan Hydraulic Service Station, Sankagiri Main Road, Seetharampalayam Post, Thiruchengode Town, by considering the petitioner's representation dated 12.03.2019.

For Petitioner : Mr.S.Senthil For Respondents: Mr.C.Raghavan Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the 3rd respondent to grant police protection to this petitioner to take delivery of the vehicle bearing reg. no.KA 51 ME 2067 from the premises of Rajamurugan Hydraulic Service Station, Sankagiri Main Road, Seetharampalayam Post, Thiruchengode Town, by considering the petitioner's representation dated 12.03.2019.

2.The learned counsel for the petitioner would submit that the petitioner is doing bore well business and one Rig-Borewell, vehicle owned by the petitioner bearing registration No.KA 51 ME 2067 has been sent for repair work to Rajamurugan Hydraulics Service Centre, situated at Seetharampalayam, Thiruchengode Town, Namakkal District. He further submitted that the petitioner had purchased a Rig bore well vehicle bearing No.KA

01 MF 6271 from one Selvaraj S/o. Periyasamy for a sum of Rs.20,00,000/- in the year 2016. The above said amount of Rs.20,00,000/- was mobilized by this petitioner, by borrowing a sum of Rs.15,00,000/- from one Ravi S/o. Palanisamy. Since the petitioner could not pay the balance amount as well as interest amount, the petitioner was threatened by the said Ravi and informed him that he would take illegal custody of the vehicle bearing registration No.KA 51 ME 2067. In this regard, the petitioner has made a representation to the respondent police on 12.03.2019 seeking police protection for delivery of the vehicle bearing registration No.KA 51 ME 2067 from the garage. Since no order have been passed, he has filed the present petition with the aforesaid prayer.

3.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents. 4.Considering the above facts and circumstances of the case, this Court without going into the merits of the case directs the third respondent police to give police protection to the petitioner to take delivery of the vehicle within a period of two weeks from the date of receipt of a copy of this order. 5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsn/mpa To 1.The Superintendent of Police, Namakkal District. 2.The Deputy Superintendent of Police, Thiruchengodu, Namakkal District.

3.The Inspector of Police, Namakkal Police Station (Town),Namakkal District.

4. The Public Prosecutor, High Court of Madras. +1cc to Mr.S.Senthil, Advocate sr.35500 CRL.O.P.No.9645 of 2019 nr 18/06/2019