Jeyaseeli Jeyarani, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.5863 of 2019 Jeyaseeli Jeyarani ... Petitioner /Vs./ 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Kumbakonam West Police Station, Kumbakonam, Thanjavur District.

3.Babu ... Respondents Prayer: Petition - filed under Section 482 of the Criminal Procedure Code, to direct the 1st and 2nd respondents to provide police protection to the petitioner's life and limb based on the representation dated 10.04.2019 given by the petitioner. For Petitioner : Mr.S.Chellapandian For R-1 & R-2 : Mr.V.Neelkandan Additional Public Prosecutor

ORDER

The petitioner alleges that she faces threat to her life, limb, liberty and right to property from the third respondent.

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

3. The learned counsel appearing for the petitioner submitted that the petitioner owns a piece of property, that the third respondent trespassed into that, that when the petitioner attempted to remove the third respondent, the third respondent and his men attacked the petitioner.

4. The learned Additional Public Prosecutor submitted that a complaint was preferred by the petitioner and it comes to know during enquiry that earlier the petitioner had preferred a suit in O.S.No.329 of 2006 which came to be dismissed and challenging the decree of the trial Court, the petitioner has preferred A.S.No.61 of 2011 and that came to be allowed on 11.01.2013 and there is no second appeal.

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5. Inasmuch as the civil Court is said to have secured the right of the petitioner for the piece of property, it is necessary that the right of the petitioner's property has to be protected. If the threat perception of the petitioner continues, she is now directed to file a fresh complaint and on such complaint, the second respondent is 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, liberty and right to 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.

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

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

2.The Inspector of Police, Kumbakonam West Police Station, Kumbakonam, Thanjavur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S.CHELLA PANDIAN, Advocate ( SR-62419[F] dated 25/04/2019 ) Crl.O.P.(MD)No.5863 of 2019 24.04.2019 SM KK/SAR/14.06.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/