Madras High CourtCRL OP(MD)/5204/2019disposed of

Mariammal, W/O.Gurumoorthi v. The Deputy Superintendent Of

2019-04-26Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2019

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.5204 of 2019 Mariammal ... Petitioner -Vs1.State Represented by The Deputy Superintendent of Police, Thanjavoor District.

2.State Represented by The Inspector of Police, Nachiyarkoyil Police Station, Thanjavoor District.

3.Gurumoorthi 4.Manjula ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., praying, to direct the respondents 1 and 2 to adequate police protection to the petitioner and her life and limb till deciding the suit in O.S.No.60 of 2015 pending on the file of the Principal District Munsif, Kumbakonam.

For Petitioner : Mr.S.Balaji For R1 and R2 : Mr.A.P.G.OHM Chairma Prabhu, Government Advocate (Crl.Side).

ORDER

The petitioner claims that she is the owner of the property, that she has filed O.S.No.60 of 2015 against her husband and daughter and the same is pending. In the mean time, as faces threat to her life and limb from the respondents 3 and 4, she has lodged a complaint and seeks police protection.

2.The learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 would submit that the complaint / representation preferred by the petitioner is pending in C.S.R.No.185 of 2009.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2.

https://hcservices.ecourts.gov.in/hcservices/ 4.For the present, if the petitioner alleges that she faces threat to her life and liberty from the respondents 3 and 4, she is

directed to give a fresh complaint to the second respondent and on such fresh complaint, the second respondent is directed to enquire into the matter of the complaint filed by the petitioner and take such appropriate decision as may be necessary to protect the life, liberty and right to the property of the petitioner. 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.

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

Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS) To:

1.The Deputy Superintendent of Police, Thanjavoor District.

2.The Inspector of Police, Nachiyarkoyil Police Station, Thanjavoor District.

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

+1cc to Mr.S.Balaji, Advocate, SR.No.63087 Crl.O.P.(MD)No.5204 of 2019 26.04.2019 MYR KK/SAR/14.05.2019/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/