Madras High CourtCRL OP(MD)/4721/2019disposed of

R.Veerasamy v. The Assistant Commissioner Of

2019-03-29Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2019

CORAM

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.4721 of 2019 R.Veerasamy ... Petitioner Vs.

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

2.The Inspector of Police, Jaihindpuram Police Station, Madurai.

3.R.Jayamurugan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to pass an order to consider the representation dated 16.03.2019 directing the 2nd respondent to give police protection to the petitioner to enter into his house situated at Door No.21-B at Thiagi Sankaralinganar Street, Jaihindpuram 1st Street, Madurai-11 and protect the petitioner and his family members from the interference of 3rd respondent.

For Petitioner : Mr.A.John Vincent For R-1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioner complains that he faces obstructions from his brother, the third respondent herein, from entering his house.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor.

3. The learned counsel for the petitioner submits that earlier the third respondent has laid a civil suit in O.S.No.619 of 2011 as concerning this property and the trial Court by its judgment dated 19.02.2019 has dismissed the same.

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3. The learned Additional Public Prosecutor submits that the complaint preferred by the petitioner is pending enquiry.

4. Considering the facts and circumstances of this case, the second respondent is now directed to cause such necessary enquiry on the complaint filed by the petitioner and take such appropriate decision as may be necessary to protect the life, limb and liberty of the petitioner.

5. With the above direction, this Criminal Original Petition is disposed of.

6. It is made clear that this Court does not order granting of police protection 24 x 7 and the second respondent is left to decide on the basis of the objective assessment of the threat perception of the petitioner from time to time.

Sd/- Assistant Registrar (cs-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The Assistant Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Jaihindpuram Police Station, Madurai.

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

+1cc to Mr.A.John Vincent, Advocate, SR.No.57660 Crl.O.P.(MD)No.4721 of 2019 29.03.2019 SP/25.04.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/