Madras High CourtCRL OP(MD)/6181/2019disposed of

Rethinamma v. The Superintendent Of Police

2019-04-27Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.6181 of 2019 Rethinamma : Petitioner /Vs./ 1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Nithiraivilai Police Station, Kanyakumari.

3.Veninkinas 4.Kuruvans : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C to direct the second respondent to give adequate police protection to the petitioner to enjoy the property situated in Re.Sy.No.289/2A, Ezhudesam Village, Vilavancode Taluk, Kanyakumari District based on the complaint given by the petitioner dated 27.03.2019. For Petitioner : Mr.K.P.Narayanakumar For R-1 & R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition is filed to direct the second respondent to give adequate police protection to the petitioner to enjoy the property situated in Re.Sy.No.289/2A, Ezhudesam Village, Vilavancode Taluk, Kanyakumari District based on the complaint given by the petitioner dated 27.03.2019.

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 has been allotted a share in a partition suit in O.S.No.311 of 1963, to which the parents of the respondents 3 and 4 were parties. Now, she is in enjoyment of the property allotted to her, but the respondents 3 and 4 are disturbing her possession. 4.This Court amuses as to why a suit for injunction is not filed. However, for the present, if the petitioner faces some threat perception to her life, limb and liberty, she is directed to give a fresh complaint to the second respondent. On such fresh complaint, the second respondent is directed to cause such necessary https://hcservices.ecourts.gov.in/hcservices/

enquiry on the complaint preferred by the petitioner and take such appropriate action 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 it 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 / True Copy / Sub Assistant Registrar(CS- ) sm To 1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Nithiraivilai Police Station, Kanyakumari.

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

+1 CC to M/s.K.P.NARAYANA KUMAR, Advocate ( SR-63539[F] dated 27/04/2019 ) Crl.O.P.(MD)No.6181 of 2019 27.04.2019 ES/11.06.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/