Muthamil Selvi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.12897 of 2016 Muthamil Selvi .. Petitioner Vs.

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Deputy Superintendent of Police, Dindigul District, Dindigul.

3.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondents to give police protection for their life and limb of the petitioner and her husband namely Sathiya Sundaram and his family members on the basis of the petitioner's representation dated 08.07.2016 made before the first respondent.

For Petitioner : Mr.J.Jeyakumaran For respondents : Mr.K.V.Rajarajan, Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the respondents to give police protection to the life and limb of the petitioner and her husband namely Sathiya Sundaram and his family members on the basis of her representation dated 08.07.2016. 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.

3.0. It is stated in the petition that the petitioner fell in love with one Sathiya Sundaram for a period of eight years; in the meantime, on 12.02.2014 they got married; their marriage has also been registered in the Office of the Sub Registrar, Y.Othakadadi; the marriage is an inter-caste marriage; the parents of the petitioner did not accept the marriage of the petitioner; therefore, the marriage was not disclosed to the parents; the petitioner was living in her parents house as if she did not marry at all; on coming to know of their marriage, the petitioner's parents threatened her to remove Talisman (Thali) and to get divorce from her husband; but the petitioner resisted the same, left her parents house and stayed along with her husband at Dindigul.

3.1. It is also stated in the petition that the petitioner's brother one Senthamil Selvan, who is a practising advocate in Madurai and another brother Pynthamil Selvan and her uncle by name Thennadu have engaged some goondas to commit murder of the petitioner and her husband; the goondas searched for them; they mistakenly killed the friend of the petitioner's husband, in respect of which a case has been registered in Crime No.293 of 2016 under Section 302 IPC by the third respondent police; hence, apprehending danger, she has given a petition to the All Women Police Station, Vadamadurai; as it was stated by the All Women Police Station, Vadamadurai that the petition has to be preferred before the third respondent, the petitioner has preferred a petition before the third respondent on 06.07.2016; and as there was no response to the same, the petitioner has come up with this petition.

4.The learned counsel for the petitioner would submit that when the friend of the petitioner's husband got murdered and when the threat continues and they have been living with fear of the death every moment, it is just and necessary for the respondents to afford necessary protection to the petitioner and her husband. 5.The apprehension of the petitioner is perfectly justified, when there had been a murder of the friend of the petitioner's husband. Therefore, the respondents are directed to give police protection to the petitioner and her husband and his family members and the duration of protection shall be determined by the respondents, depending upon the circumstances. 6.This Criminal Original Petition is accordingly disposed of. Sd/ Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar

To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Deputy Superintendent of Police, Dindigul District, Dindigul.

3.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

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

+1 cc to MR.J.JEYAKUMARAN, Advocate SR.NO.39682 GCG SMA/GSV-PM/SAR-I/04/08/2016 :3P/6C Crl.O.P(MD)No.12897 of 2016 27.07.2016