P.Kesavan 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.7 of 2018 P.Kesavan ... Petitioner Vs 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Usilampatti Town Police Station, Madurai District.

3.S.O.R.Thangapandian 4.S.Yagneswaran

...Respondents

(Respondent No.4 is impleaded as per the order of this Court dated 13.03.2019 in Crl.M.P.(MD). No.853 of 2018 in Crl.O.P.(MD),No.7 of 2018) PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the 1st and 2nd respondents to provide adequate Police protection to the petitioner during the time of fixing four boundary stones and fencing his property in Survey No.335/4B with an extent of 23 cents situated at Nakkalapatti Village, Usilampatti Taluk, Madurai District. For Petitioner : Mr.M.Senthil Ayyanar For R1 & R2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. side) For R3 : Mr.J.Selvam For R4 : Mr.K.R.Laxman

O R D E R

The petitioner herein seeks Police protection from the third respondent as he apprehends threat to his life, liberty and right to property at his hands.

2.Heard the learned Government Advocate (Crl. side) appearing for the respondents 1 and 2.

3.The learned counsel appearing for the third respondent submitted that the third respond does not owe any threat whatsoever to life, liberty and right to property of the petitioner and he is not intended to hold any threat to the petitioner. Inasmuch as this undertaking given by the learned counsel appearing for the third https://hcservices.ecourts.gov.in/hcservices/

respondent is recorded and hence, nothing survives in this petition for the present.

4.Since the accusation made by the petitioner is only against the third respondent and the third respondent has also given an undertaking not to pose any threat to life, liberty and property of the petitioner, there is no immediate need to hear the intervener. If the intervener has any grievance, then, he may work out his remedy independently.

5.With the above observations, the Criminal Original Petition stands allowed accordingly.

Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS) tsg To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Usilampatti Town Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.M.SENTHIL AYYANAR, Advocate ( SR-53676[F] dated 13/03/2019 ) Crl.O.P.(MD).No.7 of 2018 13.03.2019 ES/13.05.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/