K.B.Sridharan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.05.2019

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13289 of 2019 K.B.Sridharan : Petitioner Vs.

1.The Superintendent of Police, Kancheepuram District, Kancheepuram.

2. The Inspector of Police, B2, Vishnu Kancheepuram Police Station, Chinna Kancheepuram.

Kancheepuram District : Respondents PRAYER: Criminal Original Petition filed under Article 482 of Cr.P.C. to direct the respondent to provide police protection to the petitioner to recite the "Nalayira Divya Prapandam" at the above temple during the Brammotsavam of A/m. Varadharaja Perumal Temple, Kancheepuram between 17.05.2019 to 26.05.2019 based on the representation of the petitioner on 10.05.2019. For petitioner : Mr.M.Selvam For respondents : Mrs. Kritika Kamal. P.

Gov. Advocate(Crl. side)

ORDER

This Criminal Original Petition has been filed to provide police protection to recite the Nalayira Divya Prapandam at A/m. Varadharaja Perumal Temple, Kancheepuram during the Brammotsavam from 17.05.2019 to 26.05.2019 based on the representation dated 10.05.2019.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondents.

3. The learned counsel for the petitioner would submit that the petitioner is a temple priest of A.M. Varadharaja Perumal Temple, Kancheepuram. The petitioner is authorized to sing "Nalayira Divya Prapandham" at the above said temple and that he is doing the said service since his childhood and now, he is aged 64 years. He would also submit that his son was falsely implicated in a case registered for offence under Section 306 of IPC and he had to obtain Anticipatory Bail in that case. He would further submit that some interested persons are trying to politicize the issue and canvass the same as a caste issue and trying to interfere with the petitioner's service to god by singing "Nalayira Divya Prapandham" in the said temple and that the attempts are being made to prevent the petitioner from reciting the same at the temple and hence, he had sent a representation dated 10.05.2019 requesting the respondents to give protection to the petitioner during the period of Brammotsavam.

4. The learned Government Advocate (Crl. side) would submit that the respondents are taking steps to consider the representation by conducting an enquiry with regard to the complaint given by the petitioner by summoning the persons who are stated to be against the petitioner. She would further submit that they would take appropriate decision based on the result of the enquiry and the prevailing situation at A/M. Varadharaja Perumal Temple, Kancheepuram.

5. Taking into consideration the facts of the case and the submissions made by the learned counsel on either side, the second respondent is directed to consider the petitioner's representation dated 10.05.2019 and pass appropriate orders on merits and in accordance with law. The petitioner is directed to appear before the second respondent police on 17.05.2019 at 10.30 a.m. for enquiry. After conclusion of enquiry if the second respondent is of the opinion that situation warrants to give protection the petitioner, he shall do so.

6. This Criminal Original Petition is disposed of with the above directions.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar

mrp To 1.The Superintendent of Police, Kancheepuram District, Kancheepuram.

2. The Inspector of Police, B2, Vishnu Kancheepuram Police Station, Chinna Kancheepuram.

Kancheepuram District.

3. The Public Prosecutor High Court, Madras 104.

+1 CC to Mr.M.Selvam, Advocate sr 43829.

Crl.O.P.No.13289 of 2019 SP(16/05/2019)