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Madras High CourtCRL OP(MD)/1905/2024closed

M.Karthikeyan v. The Superintendent Of Police

2024-02-08Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.1905 of 2024 M.Karthikeyan

...Petitioner

Vs.

1.The Superintendent of Police Tuticorin District.

2.The Inspector of Police Kadambur Police Station, Tuticorin District.

3.M.Mukesh 4.M.Karankumar 5.M.Mani 6.Kannan 7.Manikandan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the Respondents 1 and 2, to provide adequate police protection to the Petitioner and his family members by considering the Petitioner's representation dated 29.12.2023. 1/5

For Petitioner : Mr.M.Jerin Mathew For R1 and R2 : Mr.M.Veeeranthiran Government Advocate (Crl.side)

O R D E R

The learned Counsel for the Petitioner submits that this Criminal Original Petition has been filed to direct the Respondents 1 and 2, to provide adequate police protection to the Petitioner and his family members.

2. The learned Counsel for the Petitioner submits that the Petitioner is the Kovil Tharmakartha of Sree Karuppasamy Temple, Kuppanapuram, Kadambut, Kayathar Taluk, Thoothukudi District. Further, he submits that on 28.12.2023 at about 10.20 pm, the Respondents 3 to 7 in this Petition are alleged to have trespassed into the temple and switched on all the lights. The Petitioner, on watching the same, protested and directed them to leave. On the same night by around 11.00 pm, they are alleged to have entered the house of the Petitioner and attacked him and also threatened to kill him, which forced him to give a complaint on 29.12.2023. Till date, the Respondent Police did not act on his complaint. Hence, he 2/5

forced to file this Criminal Original Petition, seeking direction against the Respondent Police, to register a case and to order police protection.

3. The learned Government Advocate (Criminal Side), on instructions of the Respondent Police, submits that even though the occurrence took place on 14.01.2024, the complaint was lodged by the Petitioner only on 01.02.2024. The Petitioner had not produced any medical records, regarding the injuries suffered and treatment undertaken by him. F.I.R was registered in Crime No.7 of 2024 on the file of the second Respondent for the offences under Sections 447, 294(b), 352, 506(ii) I.P.C. He further submits that as per the First Information Report, names of Accused No.3, 4 and 7 alone are found in the F.I.R. The investigation is still pending. They are likely to secure the accused.

4. To the query of this Court to the Petitioner whether the Petitioner suffered injuries and had undertaken treatment in the hospital, he submits that he had not undergone any treatment. 3/5

5. Recording the above said submissions, the Respondent Police are directed to proceed with the investigation and lay the final report at the earliest within a reasonable period of three months.

6. With the above direction, this Criminal Original Petition is closed.

Internet :Yes./No 08.02.2024 Index :Yes/No NCC : Yes/No LS To 1.The Superintendent of Police Tuticorin District.

2.The Inspector of Police Kadambur Police Station, Tuticorin District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

LS CRL.O.P (MD) No.1905 of 2024 08.02.2024 5/5