Madras High CourtCRL OP/10309/2017disposed of

D.Ramani, F/A 23 Years, v. The Superintendent Of Police,

2021-07-08Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2021

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN CRL.O.P.No.10309 of 2017 D.Ramani W/o.Gopalakrishnan ... Petitioner Vs.

1.The Commissioner of Police Salem City, Salem 2.The Superintendent of Police Salem District 3.The Inspector of Police Sankari Police Station Salem District

4. The Inspector of Police Asthampatti Police Station Salem District 5.Devannan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., seeking for a direction to the respondents 1 to 4 to provide adequate police protection to the life and liberty of the petitioner, her husband Gopalakrishnan and his family members based on her representation dated 01.06.2017 within a time frame fixed by this Hon'ble Court.

For Petitioner : Mr.S.Rajanikanth For Respondents 1 to 4: Mr.E.Rajthilak Counsel for Government (Crl. Side) For Respondent - 5 : Not ready notice

O R D E R

(This case has been heard through video conference) This Criminal Original Petition has been filed by the petitioner to direct the respondents 1 to 4 to provide adequate police protection to the life and liberty of the petitioner, her husband Gopalakrishnan and his family members based on her

representation dated 01.06.2017 within the time frame fixed by this Hon'ble Court.

2. The case of the petitioner is that she is an Engineering Graduate and her husband has completed M.C.A and both were working at Chennai and now they are residing at E Block, Asthampatti, Salem and her date of birth is 16.07.1994 and she is a major. She fell in love with one Gopalakrishnan S/o.Selvaraj and they loved each other for six years and they decided get married. The petitioner belongs to Backward Class (Gounder) Community and the said Gopalakrishnan belongs to Most Backward Caste (Boyar) Community and thereby, the parents of the petitioner vehemently opposed and tortured her to marry her maternal uncle namely Rajadurai. Therefore, the petitioner left her home and married the said Gopalakrishnan on 01.06.2017 at Salem Uthumalai Murugan Temple in the presence of their friends.

On coming to know about the same, the petitioner's parents gave a complaint before the 3rd respondent police and harassed the family members of the said Gopalakrishnan to hand over the petitioner. Further, the parents of the petitioner along with the said Rajadurai who is involved in Salem Gokulraj's murder case were searching for their whereabouts to finish off the lives of the petitioner and her husband Gopalarkrishnan. Thereby, the petitioner gave a representation seeking for police protection before the concerned police station on 01.06.2017. However, they have not taken any action on the petitioner's representation. Hence, the present petition has been filed.

3. The learned Counsel for the petitioner submits that she has to get instructions from the client regarding the states of the case.

4. The learned Counsel for Government (Crl. Side) appearing for the respondents 1 to 4 submits that the petitioner's whereabouts are not known to the respondent police and due to the absence of the petitioner in the address given in the representation, the respondent police could not get any instructions despite their best efforts. He would further submit that if any threat or danger to the life of the petitioner still exists, the petitioner can very well approach the jurisdictional police and can give a fresh representation.

5. In view of the above facts and circumstances, this Court is of the considered view that the marriage between the petitioner and the said Gopalakrishnan took place on 01.06.2017 and this petition seeking for police protection was filed in the year 2017 and till date there is no averment about any danger or threat to the life of the petitioner or her husband.

6. Therefore, liberty is granted to the petitioner to approach the jurisdictional police authority and to give a fresh representation whenever the petitioner apprehends any threat and the same shall be considered by the concerned authorities in accordance with law.

7. With the above observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar ksa-2 To 1.The Commissioner of Police Salem City, Salem 2.The Superintendent of Police Salem District 3.The Inspector of Police Sankari Police Station Salem District

4. The Inspector of Police Asthampatti Police Station Salem District

5. The Public Prosecutor, High Court of Madras, Chennai.

CRL.O.P.No.10309 of 2017 SSI(CO) CB(05/08/2021)