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Madras High CourtCRL OP(MD)/6045/2019disposed of

Muthu, W/O.S.K.Vellaiyan v. The District 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.6045 of 2019 Muthu : Petitioner /Vs./ 1.The District Superintendent of Police, District Police Office, Pudukkottai District. 2.The Inspector of Police, K.Pudupatti Police Station, Thirumayam Taluk, Pudukkottai District.

3.Padikkasu 4.Kannamal 5.Periyaiah 6.Rakkammal 7.Gomathi 8.Periyasamy 9.Arunkumar : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to give adequate police protection to the petitioner and her family members for their life and limb on the representation dated 26.11.2018. For Petitioner : Mr.C.Nagamuthu For R1 and R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition is filed to direct the second respondent to give adequate police protection to the petitioner and her family members for their life and limb on the representation dated 26.11.2018.

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 complains that the respondents 3 to 9 assaulted the petitioner posing threat to the petitioner's life, limb, liberty and right to property. A complaint too has been given to the respondent police.

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4. The learned Additional Public Prosecutor submitted that the third respondent has filed a suit in O.S.No.30 of 2018 against the

petitioner's husband and there is a dispute over a pathway, that based on a complaint given by the petitioner, as regards the occurrence referred to by the petitioner's counsel, a case has been registered in Crime No.129 of 2018 and the same is pending investigation. He added that a representation / complaint of the petitioner seeking police protection is pending.

5. Inasmuch as the complaint preferred by the petitioner is pending enquiry, 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 and liberty 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) sm To 1.The District Superintendent of Police, District Police Office, Pudukkottai District. 2.The Inspector of Police, K.Pudupatti Police Station, Thirumayam Taluk, Pudukkottai District.

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

+1CC TO MR.v.selva, Advocate Sr. No. 63198 Crl.O.P.[MD]No.6045 of 2019 26.04.2019 kmv(CO) TR (11.06.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/