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Madras High CourtCRL OP/17790/2019disposed of

S.Karthikayen v. The Superintendent Of Police,

2019-08-19Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.17790 of 2019 S.Karthikayen ... Petitioner Vs.

1. The Superintendent of Police, Thiruvarur District, Thiruvarur - 610 001.

2. The Inspector of Police, Thiruvarur Town Police Station, Thiruvarur District Thiruvarur - 610 001.

3. The Inspector of Police, Nachiyarkoil Police Station, Nachiyarkoil - 612 602, Thanjavur District.

4. The Deputy Inspector of Police (DIG) of Police, Thanjavur Range, Old Collectors Office Road, Thanjavur 613 001.

5. The Director General of Police (DGP) Post Box No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai - 4.

..Respondents (Respondents 3 to 5 are impleaded as per order in Crl.M.P.No.10264/19 in Crl.O.P.17790 of 2019 dated 26.07.19) Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 1st respondent to consider and grant of personal security to the petitioner at his cost in terms of representation dated 26.06.2019. For Petitioner : Mr.Sunder Mohan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to the 1st respondent to grant personal security to the petitioner.

2. The learned counsel for the petitioner submitted that the petitioner is the Managing Director of Shri Narayani Nidhi Ltd. and the Company is having valid license from the Reserve Bank of India to run the Company. The petitioner started receiving threatening calls in his mobile and there was a demand for a ransom. The petitioner was informed that he will be abducted and killed if the money is not paid. Since the calls were increasing, the petitioner lodged a complaint before the 3rd respondent which was taken on file in CSR No.06 of 2019,

3. The learned counsel further submitted that on preliminary enquiry, it was found that the petitioner did receive threatening calls. Thereafter, an FIR came to be registered in Crime No.134 of 2019 and the investigation is pending. However, the threatening calls received by the petitioner continued and the petitioner apprehended life threat.

4. The learned counsel submitted that the petitioner left with no other option, made a representation to the 1st respondent seeking for personal security at his own cost. Since the same was not considered, the petitioner has filed the present petition before this Court seeking for appropriate direction.

5. The learned Additional Public Prosecutor on instructions from the respondent police submitted that the investigation revealed the fact that the petitioner was receiving threatening calls and the person who is alleged to have made the threatening calls, is known to be a notorious rowdy. The learned counsel further submitted that the petitioner has a big business involving large amounts of money in the name and style of Shri Narayani Nidhi Ltd. and therefore there is a chance that some of the notorious elements are trying to take advantage of the situation and extort money from the petitioner.

6. Taking into consideration the submissions made on either side and the materials placed on record, this Court is of the considered view that a direction can be given to the 1st respondent to consider the representation made by the petitioner and provide him with a personal security, to ensure that the life and limb of the petitioner is not subjected to any threat. The petitioner shall pay the necessary cost as undertaken by him in a representation as well as in this petition. The petitioner is directed to make a fresh representation along with a copy of

this order and the 1st respondent shall act upon the same and provide for personal security subject to payment of cost by the petitioner.

7. This criminal original petition is disposed of with the above direction.

ssr Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, Thiruvarur District, Thiruvarur - 610 001.

2. The Inspector of Police, Thiruvarur Town Police Station, Thiruvarur District Thiruvarur - 610 001.

3. The Inspector of Police, Nachiyarkoil Police Station, Nachiyarkoil - 612 602, Thanjavur District.

4. The Deputy Inspector of Police (DIG) of Police, Thanjavur Range, Old Collectors Office Road, Thanjavur 613 001.

5. The Director General of Police (DGP) Post Box No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai - 4.

6. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Kathiravan, Advocate, SR.No.70109 Crl.O.P.No. 17790 of 2019 Kak(22/08/2019)