M.Ramasamy, 51 Yrs, v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.7185 of 2017 and Crl.M.P.Nos.5190 of 2017 & 13167 of 2018 M.Ramasamy .. Petitioner Vs.

1.The State Rep. By Inspector of Police, Avadi Police Station, Avadi, Chennai-600 054.

2.R.RajamathiChitra .. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the first respondent police to provide adequate police protection to the petitioner to visit and see his minor child by namely Dhanushiya who is under the custody of the 2nd respondent, pursuant to the order passed in I.A.No.145/2016 in G.W.O.P.No.157/2015 dated 20-01-2017 on the file of the Learned Principal District Judge, Thiruvallur. For Petitioner : Mr.A.Rajeshkanna For Respondents : Mr.C.Raghavan for R1 Government Advocate : Mr.R.Bharath Kumar for R2

O R D E R

This Criminal Original Petition has been filed to direct the first respondent police to provide adequate police protection to the petitioner.

2.It is the case of the petitioner that he got married to the second respondent on 26-02-1999 and he has a child by name Dhanushiya. On account of matrimonial discord, the petitioner got estranged from his wife. It is the case of the petitioner that he had filed a petition in G.W.O.P.157 of 2015 before the learned Principal District Judge, Thiruvallur and in I.A.No.145 of 2015, had obtained an order dated 20.01.2017, in which, the District Court has permitted the petitioner to visit his daughter on the first Sunday of every month from 10 https://hcservices.ecourts.gov.in/hcservices/

a.m. to 5 p.m. in a Park or Temple in Lazar Nagar, Avadi, where the second respondent was directed to produce the child. While so, the petitioner gave a representation to the first respondent Police seeking police protection for implementing the said interim order. It is submitted that an enquiry is being conducted in C.S.R No.164 of 2017. While so, the petitioner is before this Court with the above prayer. 3.Notice was served on the second respondent and she entered appearance through her counsel Bharath Kumar. However, today the counsel for the second respondent has filed a memo dated 23.10.2017, withdrawing his appearance, since the second respondent is not responding to his instructions. 4.In view of the above, this Court directs the first respondent police to proceed with enquiry in C.S.R.No.

164 of 2017 by calling the second respondent and provide the necessary protection to the petitioner for implementation of the order dated 20.01.2017, provided the said order has not been modified or cancelled by the Civil Court. With the above direction, this petition is closed. Consequently, connected Miscellaneous Petitions are closed.

1. Inspector of Police, Avadi Police Station, Avadi, Chennai-600 054.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.A.Rajeshkanna, Advocate Sr 68393 + 1 cc to Mr.R.Bharath Kumar, Advocate Sr 68981 KR/16/10/18 CRL.OP.No.7185 of 2017 https://hcservices.ecourts.gov.in/hcservices/