Madras High CourtCRL OP(MD)/828/2021disposed of

Hemanth Jeyapaul v. The Superintendent Of Police

2021-02-10Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA Hemanth Jeyapaul

...Petitioner

/Vs./ 1.The Superintendent of Police, Office of the District Superintendent of Police, 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Vadakarai, Periyakulam, 3.The Inspector of Police, Devadanapatti Police Station, Devadanapatti, Theni District.

4.The Sub-Inspector of Police, Jeya Mangalam Police Station, Jeya Mangalam, Theni District.

5.V.Murugan

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 3 and 4 to give police protection to the petitioner and his employees. For Petitioner : Mr.T.R.Subramanian For Respondent No.1 to 4 : Mr.S.Chandra Sekar Additional Public Prosecutor

ORDER

The present petition is filed seeking for a direction to the respondents No.3 and 4 to give police protection to the petitioner and his employees.

2. The learned counsel for the petitioner contended that the suit filed by the petitioner herein in O.S.No.63 of 1997 before the District Munsif, Periyakulam was decreed in his favour and the 1/3

appeal filed by the private respondent in A.S.No.84 of 1998 before the Additional District Judge, Periyakulam, was also dismissed. His further contention is that inspite of the decree and judgment passed by both the District Munsif, Periyakulam and the Additional District Judge, Periyakulam, the fifth respondent is preventing him from enjoying his property.

3. Mr.S.Chandra Sekar, learned Additional Public Prosecutor, who accepts notice on behalf of the respondents 1 to 4, on instructions, would contend that the complaint given by one Senthilraj was registered in Crime No.12 of 2021 under Section 145 of the Code of Criminal Procedure and necessary action is initiated thereunder against the petitioner and the private respondent.

4. A perusal of the decree and judgment passed in O.S.No.63 of 1997 and A.S.No.84 of 1998 shows that the petitioner has been in possession of the property in S.No.1803 /1, 1803/2 and 1803/4, of Jeyamangalam Village, Periyakulam Taluk, Theni District. In such circumstances, the third respondent is directed to provide adequate police protection to the petitioner if found necessary.

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

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) SM 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.

To 1.The Superintendent of Police, Office of the District Superintendent of Police, 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Vadakarai, Periyakulam, 2/3

3.The Inspector of Police, Devadanapatti Police Station, Devadanapatti, 4.The Sub-Inspector of Police, Jeya Mangalam Police Station, Jeya Mangalam, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.T.R.SUBRAMANIAN, Advocate (SR-4202[F] dated 10/02/2021) Order made in 10.02.2021 PK(CO) SRS (04/03/2021) 3P : 7C 3/3