Dr.Aarthi Saran v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN & W.M.P.No.21056 of 2024 Dr.Aarthi Saran.

... Petitioner /versus/ 1.

The State, Represented by, The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.

2.

The Joint Commissioner (East), Egmore, Chennai - 600 008.

3.

The Principal Secretary to Government, Home Department, Secretariat, Fort St.George, Chennai, Tamil Nadu - 600 009.

4.

S.P.Lavanya.

5.

K.R.M.Radha Krishanan.

6.

The Inspector of Police, G-7, Chetpet Police Station, Chetpet, Chennai - 600 031.

... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus by directing the respondents 1 to 3 to grant adequate police protection to the petitioner and her family members on such terms and conditions.

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For Petitioner : Mr.B.Arvind Srevatsa For R1 to R3 & R6 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) For R4 : Mr.S.Abinesh

O R D E R

This Criminal Original Petition is filed seeking police protection to the petitioner and her family members.

2. The specific allegation in the Writ Petition is that due to previous enmity between the petitioner and the 4th respondent, who is the Senior Police Officer in the State of Tamil Nadu, her life is under continuous threat. It is alleged that 5th accused who is a history sheeter been engaged by the 4th respondent to do away with the petitioner and her family members. It is stated in the affidavit that the petitioner and her two children were abducted and left the bordering Districts of Orissa and West Bengal and was rescued. Suspecting that, her abduction was handiwork of 4th and 5th respondent, a complaint on 20.05.2023 was lodged by the husband. There was another incident in which her car was damaged by hit and run vehicle during the month of February 2024. A suspicious car Toyata Etios was moving near her residence creating ruckus and also some few more incident been stated in which the petitioner and her 2/6

family members have cross border with others leading to quarrel or threat. All these incidents been attributed by the 4th and 5th respondents.

3. A detailed status report been filed by the Inspector of Police, G7 Chetpet Police Station, Chennai wherein, each and every incident been investigated and found to be incorrect. However, initially PSO was provided to the petitioner and later withdrawn since there is no real threat to the petitioner and her family members. However, surveillance been kept in the residence of the petitioner as well as working spot. Patta book has been opened and frequent visit to these two places were made and to ensure the safety of the petitioner and her family members. It is also brought to the notice of this Court that the husband of the petitioner is also under scanner of the police for being accused of few cases under investigation.

4. On perusal of the documents relied by the petitioner as well as the Learned Government Advocate (Crl.Side), this Court finds that the petitioner and the 4th respondent were known to each other for long time. Subsequently, due to misunderstanding, complaints and counter complaints been lodged against each other. The 4th respondent being Officer of high Rank in the Tamil Nadu Police, suspicion about his loom large in the minds of the 3/6

petitioner herein has led to several complaints connecting the 4th respondent in all the events. The respondent police being aware of the fact has mounted surveillance in the house of the petitioner and the Office premises. In the status report, the Investigating Officer has assured that to ensure continuous vigilance, the beat police are visiting the petitioner's house twice a day. This regular visit will serve as a means to assess and address security issues, if any. The said safety mechanism will be continued for next few months and based on the review of safety and security, continuance of Patta Book will be reassessed.

5. Recording the said assurance made by the Inspector of Police, this Writ Petition No.19192 of 2024 stands disposed directing the 6th respondent/Inspector of Police, G7, Chetpet Police Station, Chetpet to continue the vigilance and ensure the safety of the petitioner.

6. Further, the Learned Government Advocate (Crl.Side) for the respondent states that the petitioner and her family members permanently residing at No.10, 1st Avenue, Modern Layout, Seashore Town, Panayur, Chennai which falls within the jurisdiction of T-20, Kanathur Police Station, Tambaram Police Commissionerate. In that case, the Commissioner of Police, Tamabaram shall also give necessary instructions to the Inspector of Police, T4/6

20 Kanathur Police Station to keep surveillance of the above address by opening Patta Book.

7. With this observation, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 21.08.2024 Index : Yes/No.

: Yes/No.

bsm To:-

1. The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.

2. The Commissioner of Police, Tambaram.

3. The Joint Commissioner (East), Egmore, Chennai - 600 008.

4. The Principal Secretary to Government, Home Department, Secretariat, Fort St.George, Chennai, Tamil Nadu - 600 009.

5. The Inspector of Police, G-7, Chetpet Police Station, Chetpet, Chennai - 600 031.

6. The Inspector of Police, T-20 Kanathur Police Station.

7. The Public Prosecutor, High Court of Madras, Chennai. 5/6

Dr.G.JAYACHANDRAN, J.

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