S.Sivakumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.1013 of 2026 S.Sivakumar

...Petitioner

Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Jaihindpuram, Madurai.

3.Jaisingh Dass ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the first and second respondents herein to give adequate police protection to the life and limb of the petitioner in the light of the online complaint reference No.ETS26010771 dated 08.01.2026. For Petitioner : Mr.P.Venkatesan For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.) 1/5

ORDER

Seeking direction to the first and second respondents herein to give adequate police protection to the life and limb of the petitioner in the light of the online complaint reference No.ETS26010771 dated 08.01.2026, this criminal original petition is filed. 2.The learned counsel for the petitioner submitted that the petitioner is the absolute owner in title and possession of the property measuring 1090 sq.ft., situated at Door No.17, comprised in Survey No. 1966/4A1, Subramaniapuram 4th Street, Madurai. It was further submitted that the third respondent, who is a member of the ruling party, is forcibly attempting to trespass into the petitioner's property and has been causing harassment, thereby endangering the petitioner's life and limb. Hence, the petitioner has sought the indulgence of this Court to direct the second respondent police to afford adequate police protection.

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3.Per contra, the learned Government Advocate(Crl.side) appearing for the respondent police, on instructions, submitted that the petitioner has given a complaint to the second respondent police only on 08.01.2026 and on the very next day, he has filed this application seeking police protection.

4.Heard the learned counsel either sides and carefully perused the materials available on record.

5.Considering the facts and circumstances of the case, the second respondent police is directed o conduct an enquiry with respect to the complaint given by the petitioner by issuing written summons/notice under Section 64 BNSS, 2023, specifying the date, time and purpose of enquiry to both the petitioner as well as the third respondent and after conducting enquiry, if it is found that it is necessary to extend police protection to the petitioner, the second respondent police is directed to extend police protection to the petitioner on the cost of the petitioner in 3/5

terms of G.O.(Ma).No.139, Home (Pol-VIII) Department, dated 04.03.2019.

6.With the above directions, this Criminal Original Petition is disposed of.

21.01.2026 NCC : Yes / No Index : Yes / No Rmk To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Jaihindpuram, Madurai.

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

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L.VICTORIA GOWRI, J.

Rmk Crl.O.P.(MD)No.1013 of 2026 21.01.2026 5/5