A.Rajinikanth, v. The Secretary To The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2018

CORAM:

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.35228 of 2013 & M.P.Nos.1 to 4 of 2013 & W.M.P.No.3733 of 2018 A.Rajinikanth .. Petitioner Vs.

1.The Secretary to the State of Tamil Nadu, Home Department, Fort St. George, Chennai - 9.

2.The Superintendent of Central Prison, Puzhal-II, Chennai.

3.The Commissioner of Police, Vepery, Chennai.

4.The Inspector of Police, L & O, Puzhal Police Station, Puzhal.

5.Mr.Babu Rajendra Bose, Inspector of Police, L & O, M-3 Puzhal Police Station, 6.Mr.Mani 7.Mr.Mullai Vendan, Law & Order, M-3 Puzhal Police Station, 8.Mr.Gopi, Grade I Police Constable,

9.Mr.Karunakaran, .. Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to provide protection to the life of the petitioner being under trial prisoner in Cr.No.2046 of 2013, on the file of the fourth respondent. For Petitioner : Mr.A.Thirumaran For Respondents : Mr.S.R.Rajagopal Additional Advocate General Assisted by Mr.V.Shanmuga Sundar Additional Government Pleader

O R D E R

The Writ Petition has been filed seeking direction to the respondents to provide protection to the life of the petitioner being under trial prisoner in Cr.No.2046 of 2013, on the file of the fourth respondent.

2. The learned Additional Advocate General submitted that based on the complaint given by one Mr.Sivakumar, a criminal case was registered against the petitioner in Crime No.2046 of 2013 under Section 420 of IPC and after filing the final report, it was taken on file in C.C.No.206 of 2017 by the learned Judicial Magistrate, Thiruvotriyur.

3. The learned Additional Advocate General further submitted that the petitioner was originally arrested and released on bail and if he is having any apprehension, he can give a representation to the respondent-Police, that would be considered in accordance with law.

4. In the status report filed by the fourth respondent, it is stated that the petitioner has already approached the Human Rights Commission and a case in H.R.C.No.9774 of 2013 is pending. Fourth respondent has denied the allegation of taking away 4 1⁄2 sovereign gold rings, 2 sovereign gold bracelet and 2 1⁄2 sovereign gold chain from the petitioner. It is further stated that there is no danger to the life of the petitioner or his property.

5. In the light of the above facts and the submissions of the learned Additional Advocate General, the Writ Petition is closed. However, liberty is given to the petitioner to seek protection to his life and if any representation is given by the petitioner, the respondents shall consider the same and pass appropriate orders. There is no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar r n s To 1.The Secretary to the State of Tamil Nadu, Home Department, Fort St. George, Chennai - 9.

2.The Superintendent of Central Prison, Puzhal-II, Chennai.

3.The Commissioner of Police, Vepery, Chennai.

4.The Inspector of Police, L & O, Puzhal Police Station, Puzhal.

5.Mr.Babu Rajendra Bose, Inspector of Police, L & O, M-3 Puzhal Police Station, 6.Mr.Mani 7.Mr.Mullai Vendan, Law & Order, M-3 Puzhal Police Station,

8.Mr.Gopi, Grade I Police Constable, 9.Mr.Karunakaran, + 1 cc to Government Pleader Sr.11793 W.P.No.35228 of 2013 & M.P.Nos.1 to 4 of 2013 & W.M.P.No.3733 of 2018 KAN(CO) EU(05/03/2018)