K.Ramasamy v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2020

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11503 of 2020 K.Ramasamy, S/o. R.Karuppusamy, Residing at Flat No. E-01, Sree Daksha Hreeva Apartment, Perur Main Road, Opposite to Annamaya Hotel, Coimbatore - 641 026.

... Petitioner Vs.

1.The Commissioner of Police, Coimbatore District, Coimbatore.

2.The Inspector of Police, Selvapuram, Coimbatore.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to provide police protection to the petitioner and his family members for their life and the property is situated in R.S.F. No.195/2 in D.Nos.145 & 146, Kumarapalayam Village Perur Main Road, Selvapuram, Coimbatore District.

For Petitioner :No Appearance For Respondents :Mr. S.Karthikeyan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to provide police protection to the petitioner and his family members for their life and the property situated in R.S.F. No.195/2 in D.Nos.145 & 146, Kumarapalayam Village Perur Main Road, Selvapuram, Coimbatore District.

2. It is averred that the petitioner owned the above said property and by using the documents of the property, the petitioner borrowed a sum of Rs.3,39,025/- from State Bank of India. Due to financial crisis, he could not able to pay the https://hcservices.ecourts.gov.in/hcservices/

dues to the Bank. Therefore, the bank initiated proceedings in O.A. No.167 of 2007, before the Debt Recovery Tribunal, Coimbatore, for recovery of amount from the petitioner. In the said proceedings, the said property was auctioned and it was purchased by the auction purchaser. The sale certificate was also issued in favour of the auction purchaser and the possession of the property was taken by the auction purchaser. Under these circumstances, the petitioner now sought for police protection for him and his family members and for the property which was already been purchased by the auction purchaser in the auction.

3. Learned Additional Public Prosecutor would submit that the petitioner already filed Crl. O.P. No.10896 of 2020 for registration of FIR as against the auction purchaser and the same was disposed of by this Court by order dated 24.07.2020 and again for the very same allegation the petitioner filed this petition seeking police protection.

4. Considering the above facts and circumstances of the case, the petitioner is not entitled for any police protection. This petition is devoid of merits and dismissed, accordingly. Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar bkn To 1.The Commissioner of Police, Coimbatore District, Coimbatore.

2.The Inspector of Police, Selvapuram, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.11503 of 2020 SPD(CO) GS(22/10/2020) https://hcservices.ecourts.gov.in/hcservices/