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Madras High CourtCRL OP/15712/2022disposed of

B.Sarala Devi v. The Commissioner Of Police

2022-07-06Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.15712 OF 2022 B.Sarala Devi ... Petitioner Vs

1. The Commissioner of Police, Vepery, Chennai.

2. The Inspector of Police, F-5, Choolaimedu Police Station, Chennai 600 094.

3. Thilagavathi

4. Ramesh

5. Ranjith

6. Rajesh ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st and 2nd respondents police to give police protection to the petitioner to conduct the last rites and rituals of Mr.Balamohan, husband of the petitioner, who died on 01.07.2022 based on her representation dated 04.07.2022 against the respondents 3 to 6.

For Petitioner :

Mr.C.S.S.Pillai for Mr.V.Anand For Respondent :

Mr.A.Gokulakrishnan Addl. Public Prosecutor for R1 & R2 Mr.K.Shankar for R3 to R5

ORDER

The Criminal Original Petition has been filed to direct the 1st and 2nd respondents police to give police protection to the petitioner to conduct the last rites and rituals of her husband Mr.Balamohan, who died on 01.07.2022, based on her representation dated 04.07.2022, against the respondents 3 to 6. https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner claims to be the first wife of the deceased Balamohan and whereas the third respondent herein, claiming to be the legally wedded wife to the deceased, are present before this Court. After sometime it is agreed between the parties that by tomorrow morning 07.07.2022 at 9:00 a.m. the petitioner will take the dead body to the third respondent's house and the respondents 3 to 6 shall keep the dead body from 9:00 am. to 11:00 a.m. Thereafter, the dead body shall be handed over to the petitioner and the petitioner shall take back to her house and do the ceremony. The parties have also agreed to the above terms. The petitioner as well as the respondents 3 to 6 shall give an undertaking before the respondent police that they would not create any law and order problem. On such undertaking given by the parties, the petitioner shall remove the dead body peacefully as per the time schedule agreed to by the petitioner as well as the respondents 3 to 6 before this Court. Police shall give necessary protection.

3. With the above direction the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar dpq/vrc To

1. The Commissioner of Police, Vepery, Chennai.

2. The Inspector of Police, F-5, Choolaimedu Police Station, Chennai 600 094.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.V.Anand, Advocate, S.R.No.43595 Crl.O.P.No.15712 of 2022 JPL(CO) RLP(06/07/2022) https://hcservices.ecourts.gov.in/hcservices/