Madras High CourtWP(MD)/3381/2020dismissed

Kokila v. The State Of Tamil Nadu

2022-02-16Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2022

CORAM

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Kokila ... Petitioner -vs1.The State of Tamilnadu represented by The Principal Secretary to Government, Home Department, State of Tamil Nadu, Fort St. George, Chennai.

2.The Director General of Police, Office of the Director General of Police, Beach Road, Chennai.

3.The Additional Director General of Police (Prisons) C.M.T.A., Tower-II, No.1, Gandhi Irvin Road, Egmore, Chennai.

4.The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

5.The Superintendent of Police, Office of the Superintendent of Police, Pudhukottai District.

6.The Superintendent of Police, Office of the Superintendent of Police, Trichy District.

7.The Inspector of Police, Woraiyur Police Station, Trichy District.

8.The Superintendent of Police, Trichy Central Prison, Trichy.

... Respondents 1/3

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents for protect the petitioner's husband's life, now confined at Trichy Central Prison from fake encounter or any other way of extra judicial killing.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

O R D E R

This writ petition has been filed by the petitioner for a direction to the respondents to protect the petitioner's husband's life, now confined at Trichy Central Prison from fake encounter or any other way of extra judicial killing.

2. From the affidavit, it is seen that the police officials searched the petitioner's husband in her house, therefore, she presumed that there is a possibility of encountering him, whereas, the learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner's husband is facing 19 cases including a case under Section 302 of IPC and SC & ST Act.

3. Now, the petitioner is under the apprehension that there is a threat, which is unnecessary, as the petitioner's husband has already facing prosecution and as such, a blank direction cannot be granted to protect his life as sought for by the writ petitioner. Such directions without any substance, is impermissible.

4. Accordingly, the writ petition stands dismissed. No costs. Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) am To 1.The Principal Secretary to Government, Home Department, State of Tamil Nadu, Fort St. George, Chennai.

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