Natchammai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.3856 of 2018 Natchammai ... Petitioner Vs.

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

2. The Deputy Superintendent of Police, Ram Nagar, Devakottai, Sivagangai District.

3. The Inspector of Police, Taluk Police Station, Devakottai, Sivagangai District.

4. The Sub Inspector of Police, Velayuthapattinam Police Station, Velayuthapattinam, Sivagangai District.

5. Raman ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the third and fourth respondents to provide adequate police protection to the petitioner and his family members life and limb on the basis of the representation given by the petitioner on 07.03.2018. For Petitioner : M/s.S.Muthukumar For R-1 to R-4 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

O R D E R

This petition has been filed seeking to direct the respondents 3 and 4 to provide adequate police protection to the petitioner and his family members' life and limb on the basis of the representation given by the petitioner on 07.03.2018.

2. Heard the learned Government Advocate (Crl.side) appearing for the respondents 1 to 4. There is no representation for the petitioner.

3. Considering the limited prayer sought for in this petition, this Court takes up the matter for final disposal.

4. It is alleged in the petition that the fifth respondent is his neighbor and he is given to alcoholism, that he engages in rowdyism in public, that on 01.03.2018, while the petitioner was on his way to home, an inebriated fifth respondent intercepted and abused him. He apprehends threat to his life, limb and liberty at the hands of the fifth respondent.

5. The learned Government Advocate (Crl.Side) makes a statement that on the complaint given by the petitioner, a case in Crime No.9 of 2018 was lodged for the offences punishable under Sections 294 (b), 324, 506(ii) IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act by the fifth respondent and the same has been charge sheeted.

6. The present petition is filed exactly one year ago and it is not known whether same degree of threat perception presently continues. However, if even now the petitioner is under any real threat to her life, limb and liberty, the petitioner is directed to give a fresh representation before the third respondent. On receipt of the fresh representation, the third respondent is directed to cause an enquiry on the same and take an appropriate decision as may be necessary to accord police protection to the life, limb and liberty of the petitioner. The said decision shall be taken within a period of four weeks from the date of receipt of the fresh representation to be given by the petitioner.

7. With the above direction, this petition is disposed of. Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS) To,

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

2. The Deputy Superintendent of Police, Ram Nagar, Devakottai, Sivagangai District.

3. The Inspector of Police, Taluk Police Station, Devakottai, Sivagangai District.

4. The Sub Inspector of Police, Velayuthapattinam Police Station, Velayuthapattinam, Sivagangai District.

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

Crl.O.P.(MD)No.3856 of 2018 13.03.2019 cm ES/22.04.2019/3P/6C