Madras High CourtCRL OP(MD)/10581/2016disposed of

K.Karunah v. The Commissioner Of Police

2016-06-30Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2016

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA Crl.O.P.(MD).No.10581 of 2016 K.Karunah .. Petitioner Vs.

1. The Commissioner of Police, O/o.the Commissioner of Police, Tirunelveli District.

2. The Inspector of Police, Town Police Station, Tirunelveli.

3. Chitrai Pandian .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondent No.2 to provide adequate Police protection to the petitioner while appearing before the learned Additional District Judge, Tirunelveli to depose as PW1 in S.C.No.38 of 2015.

For Petitioner : Mr.S.M.A.Jinnah For respondents 1 and 2 : Mr.A.P.Balasubramani, Government Advocate (Crl. side)

ORDER

It is an application seeking a direction to the second respondent to provide Police protection to the petitioner, while appearing before the Sessions Court (Additional District Judge, Tirunelveli) to depose evidence as PW1 in S.C.No.38 of 2015. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. By consent, the Criminal Original Petition itself is taken up for final disposal. In view of the limited relief sought for by the petitioner, notice to the third respondent is dispensed with. 3.The learned counsel for the petitioner would submit that the petitioner is the defacto complainant in S.C.No.38 of 2015 which has been filed in respect of the offences under Sections 147, 294 (b), 323, 506(ii), 307 IPC r/w 3(1)(X) and 3(2)(V) of the https://hcservices.ecourts.gov.in/hcservices/

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and that he is facing life threat while he come to the Court to depose evidence as PW1. He would further submit that he has already sent a representation dated 17.06.2016 to the Commissioner of Police, Tirunelveli District seeking Police protection. As there was no response to the same, the petitioner has come up with this petition.

4.The learned Government Advocate appearing for the official respondents, on instructions, would submit that on the date when the defacto complainant is to be examined as PW1 before the Sessions Court, Tirunelveli, the second respondent is prepared to provide protection; in fact, the second respondent has already given the name of the Sub Inspector of Police, who will render protection to the petitioner on 04.07.2016, to which date the case is posted before the Sessions Court; and the name of the Sub Inspector of Police has been given as S.Antony Satla. 5.The above submission of the learned Government Advocate is recorded. If for any reason the case is adjourned to some other date, till the completion of the examination of the petitioner as PW1 in S.C.No.38 of 2015, the second respondent is directed to extend the protection to the petitioner.

6.This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar (CS) To 1.The Commissioner of Police, O/o.the Commissioner of Police, Tirunelveli District. 2.The Inspector of Police, Town Police Station, Tirunelveli.

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

Gcg JM/SK-SKN/SAR-I/01.07.2016/2P-4C Crl.O.P(MD)No.10581 of 2016 30.06.2016 https://hcservices.ecourts.gov.in/hcservices/