Madras High CourtCRL OP(MD)/5864/2019disposed of

N.L.R.Jeyasekaran, v. The Superintendent Of Police

2019-04-24Honourable Mr Justice N. Seshasayee2 pages

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

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.5864 of 2019 1.N.L.R.Jeyasekaran 2.Nirmala @ Manjula ... Petitioners /Vs./ 1.The Superintendent of Police, Theni District.

2.The Inspector of Police, Theni Police Station, Theni District.

3.Malaiyandi 4.Baluchamy 5.Dharmar ... 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 petitioners and their family members for their life and limb.

For Petitioners : Mr.R.Rajamohan For R-1 & R-2 : Mr.V.Neelkandan Additional Public Prosecutor

ORDER

This petition is filed to direct the 1st and 2nd respondents to provide police protection to the petitioners and their family members for their life and limb.

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

3. The learned counsel appearing for the petitioners submitted that the petitioners have preferred O.S.No.57 of 2013 against the respondents 3 to 5 and also obtained an order of interim injunction against them. Be that as it may, the petitioners face threat to their life, limb and liberty at the hands of the respondents 3 to 5 and the petitioners preferred a complaint with the police, but no action was taken.

4. The learned Additional Public Prosecutor submitted that the complaint preferred by the petitioners was enquired and closed. https://hcservices.ecourts.gov.in/hcservices/

5. Inasmuch as the petitioners seek protection protection for their life, limb and liberty, it is only appropriate that the second respondent approaches the matter in a different perspective. If the threat perception of the petitioners continues, the petitioners are 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 petitioners and take such appropriate decision as may be necessary to protect the life, limb and liberty of the petitioners. 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 petitioners from time to time.

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

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

2.The Inspector of Police, Theni Police Station, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R.RAJAMOHAN, Advocate ( SR-62046[F] dated 24/04/2019 ) Crl.O.P.(MD)No.5864 of 2019 24.04.2019 ES/13.05.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/