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Madras High CourtCRL OP(MD)/699/2021disposed of

Raj@Appu v. The District Superintendent Of Police

2021-04-17Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Raj @ Appu

...Petitioner

Vs 1.The District Superintendant of Police, District Police Officer, Pudukkottai District.

2.The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai Town & District.

3.Innaiya

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent to give adequate protection to the petitioner and his family members for their life and limb on the petitioner's representation dated 22.12.2020. For Petitioner :Mr.C.Nagamuthu For R-1 and R-2 :Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

O R D E R

The petition has been filed seeking a direction to the second respondent to give adequate protection to the petitioner and his family members for their life and limb on the petitioner's representation dated 22.12.2020.

2.The case of the petitioner is that the petitioner and his brother are running a petty shop in front of house. Due to previous motive regarding crackers three years prior to Deepavali, the third respondent with the help of henchmen planned to kill him and at the instigation of the third respondent, the brother of the third respondent and one Santharam quarrelled with his brother and threatened. On 20.12.2020 at 9.00 p.m., the third respondent came to the house with one Ambalpuram and three other henchman with deadly weapons and assaulted one Arunachallam @ Appu, S/o.Ravi with aruval on the neck instead of his brother Tamizhselvam @ Appu, because their names were similar. After realizing that the person they were attacking was not Tamilzhselvam @ Appu, stopped their attack and admitted the Arunachallam in a private hospital. The 1/3

said Arunachallam was also threatened by the third respondent in that incident. Hence, the petitioner lodged a complaint on 21.12.2020 but no action was taken to protect him. Then, the petitioner lodged an another complaint on 22.12.2020 before the first respondent in person and also sent a representation to the respondent police and other officials for giving police protection and the same was not considered. Thereafter, based upon the complaint given by the father of the said Arunachalam, a case in Crime No.1675 of 2020 for the offence under Section 294(B), 323, 324, 307 and 506(ii) of I.P.C., was registered against the third respondent and three others. Till date, the third respondent has not arrested and the life threat is continuing to him, his brother and his family members. Hence, the petitioner filed the present petition seeking police protection.

3.According to the learned Government Advocate (crl.side), the third respondent has been arrested in Crime No.153 of 2021 and he is now in jail and the apprehension of the petitioner is not existing. But however he may appear before the second respondent for enquiry and on his appearance, an enquiry will be conducted and his representation will be disposed of.

4.In view of the submission made by the learned Government Advocate (crl.side), there shall be a direction to the petitioner to appear before the respondent police within a period of fifteen days from the date of receipt of a copy of this order and on his appearance, the second respondent may consider the petitioner's representation on merits and pass appropriate orders, after enquiring all persons concerned.

5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3

To:

1.The District Superintendant of Police, District Police Officer, Pudukkottai District. 2.The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai Town & District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.[MD]No.699 of 2021 17.04.2021 RP (26.05.2021) P 4C 3/3