Madras High CourtCRL OP(MD)/1112/2022disposed of

B.Subbukannu v. The Superintendent Of Police

2022-01-24Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.1112 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.1112 of 2022 B.Subbukannu ... Petitioner vs.

1.The Superintendent of Police, District Superintendent, Thanjavur District.

2.The Inspector of Police, Taluk Police Station, Pattukottai Taluk, Thanjavur-614 901.

3.M.Palanivelu ... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents 1 & 2 to give police protection till the life threat is over to the petitioner.

For Petitioner : Mr.K.Krishna For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.)

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for R1 & R2. Notice to R3 is dispensed with.

2. It is seen that the petitioner had earlier filed W.P.(MD) No.10208 of 2017 for retrieving the land belonging to the local temple. It appears that the said writ petition was disposed of on 12.09.2019 by the Hon'ble Division Bench with certain directions.

3. The petitioner's grievance is that the said direction was not complied with. Hence, he initiated contempt proceedings.

4. Therefore, the petitioner is apprehensive that the aggrieved party may take retaliatory action against him and cause him physical harm. The apprehension of the petitioner cannot be said to be unfounded. This Court may take judicial notice of the fact that when a similar action was taken by a public interested individual in Karur, a double murder took place. Therefore, the second respondent https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.1112 of 2022 is directed to ensure the physical safety of the petitioner herein. I am not for a moment directing that the second respondent should act in a particular way. That is left to the discretion of the second respondent.

5. With this direction to the second respondent, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi 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, District Police Superintendent Office, Thanjavur District,Tanjavur.

2.The Inspector of Police, Taluk Police Station, Pattukottai Taluk, Thanjavur-614 901.

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

+1 CC to M/s.K.KRISHNA, Advocate ( SR-2150[F] dated 24/01/2022 ) Crl.O.P.(MD)No.1112 of 2022 24.01.2022 RK(15/02/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2