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Madras High CourtCRL OP/25512/2016closed

A.Nirmal Raj, Aged 26 Years, v. The Sub-Inspector Of Police,

2016-11-25Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.25512 of 2016

1. A.Nirmal Raj

2. S.Prabavathy

3. Subramani

4. Ravi

...Petitioners

Vs.

The Sub-Inspector of Police, Vellore (South) Police Station, Vellore District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to direct the respondent police to provide protection from landing in Vellore town to leaving town to Chennai for executing appropriate bonds in Cr.No.532 of 2016 on the file of the respondent police.

For Petitioners : Mr.T.R.Udaya Kumar For Respondent : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondent police to provide protection to the petitioners from landing in Vellore to leaving town for Chennai for executing appropriate bonds in Cr.No.532 of 2016 on the file of the respondent police.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing for the respondent.

3. Today, Ms.Nirmala, Sub Inspector of Police, Vellore (South) Police Station, Vellore, is present.

4. The petitioners are accused in Cr.No.532 of 2016 for an offence u/s 168 IPC. On the complaint given by one K.Lakshmi to the Sub Inspector of Police, Vellore (South) Police Station, Vellore the aforesaid case has been registered. It is alleged in the complaint that the first petitioner got married to one https://hcservices.ecourts.gov.in/hcservices/

A.Susila @ Susila Devi. It is the case of the prosecution that on account of matrimonial discord, they are separated. On 06.10.2016, the petitioner's group and his wife's parties clashed during a function and that has resulted in the Sub Inspector of Police registering the case in Cr.No.532 of 2016 for affray. It is the contention of the petitioners that since Section 162 Cr.P.C., is a bailable offence, they want to surrender before the Trial Court and they fear that the first petitioner's wife's parties will attack.

5. On instructions, learned Additional Public Prosecutor submitted that if the petitioners surrender before the Trial Court, the police will ensure that no harm befalls them.

6. Recording the same, the petitioners are directed to surrender before the Trial Court. The respondent police shall ensure that the petitioners are not attacked. With the above direction, the Criminal Original Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kmi

1. The Sub-Inspector of Police, Vellore (South) Police Station, Vellore District.

2. The Public Prosecutor, High Court, Madras. +1cc to Mr.T.R. Udayakumar, Advocate, S.R.No.69488 vsn(CO) md(19/12/2016) Crl.O.P.No.25512 of 2016 https://hcservices.ecourts.gov.in/hcservices/