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Madras High CourtCRL OP(MD)/612/2019disposed of

S. Sugumaran v. The Superintendent Of Police

2019-02-07Honourable Mr Justice N. Seshasayee3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE CRL.O.P.[MD]No.612 of 2019 S.Sugumaran : Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.State Rep. through, The Inspector of Police, Thiruvattaru Police Station, Kanyakumari District.

3.Bilmor Robert 4.Chandrasekar 5.Selvakumar 6.Kumar @ Henry Kumar 7.Yujin 8.Arulraj 9.Shiji Agastin : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the respondents 1 and 2 to give necessary police protection to the life and limb of the petitioner and his family and wife and two children from the hands of the respondents No.3 to 9 and their henchmen on the basis of the petitioner's complaint to the 2nd respondent dated 10.12.2018.

For Petitioner : Mr.S.Titus For Respondents-1 and 2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. side)

ORDER

The Criminal Original Petition has been filed seeking for a direction to the respondents 1 and 2 to give necessary police protection to the life and limb of the petitioner and his family and wife and two children from the hands of the respondents No.3 to 9 and their henchmen on the basis of the petitioner's complaint to the 2nd respondent dated 10.12.2018.

2.The petitioner alleged that he had constructed a house and resides and that the private respondents, namely, Respondent Nos. 3 to 9 are continuously interfering with his possession and that even brought in JCB and damage his compound wall. On 01.12.2018, the petitioner had approached the second respondent police with his complaint and the respondent police has received the same in CSR.No.865 of 2018. But the respondent Nos.3 to 9 are threatening the petitioner and his family members continuously.

3. The learned Government Advocate (Criminal side) submitted that the police has conducted an enquiry, wherein, the petitioner and the respondents have agreed to resolve their dispute before the Civil Court.

4. In response, the learned counsel for the petitioner submitted that the fifth respondent alone appeared during enquiry, but presently he stays back, but the other respondents 3, 4, 6 to 9 persists with their harassment.

5. Considering the same, the second respondent police is directed to look into the said allegation and enquire all the private respondents and take such appropriate decision in accordance with law, as may be necessary to secure the life and liberty of the petitioner, within a period of two weeks, from the date of receipt of copy of this order.

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

Sd/- Assistant Registrar(CS-I) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Thiruvattaru Police Station, Kanyakumari District.

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

+1. C.C. to M/S.S.Titus, Advocate SR.No. 45617 Crl.O.P.[MD]No.612 of 2019 07.02.2019 KSA/SJI JM DS/22.03.2019/3P/5C