Gopalakrishnan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.16132 of 2017 Gopalakrishnan

...Petitioner

Vs.

1.The Superintendent of Police Madurai District, Madurai.

2.The Deputy Superintendent of Police, Melur, Madurai District 3.The Inspector of Police Meelavalavu Police Station, Melur Taluk, Madurai District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the respondents to provide adequate police protection for the life and limb of the petitioner on the basis of the petitioner representation dated 27.05.2016. For Petitioner : Mr.S.T.Sasidharan Tamilkani For Respondents: Mr.K.Suyambulinga Bharathi Government Advocate (criminal side)

O R D E R

This petition has been filed for a direction to the respondent police to give adequate police protection for the life and limb of the petitioner.

2.The learned counsel for the petitioner would submit that the petitioner is a Social Worker and is actively involved in stopping the illegal mining. Therefore, he had developed lot of enmity with several persons, who are doing illegal mining. 3.Earlier the petitioner had made a representation to the Superintendent of Police Madurai, to provide him with police protection and the Superintendent of Police, by his memo, dated 28.06.2016 directed the concerned officer to provide police protection to the petitioner and also instructed regular march beats, put patta book to be done near the residence of the petitioner.

4.The learned counsel for the petitioner would submit that even though the protection was given for some time, the same was stopped subsequently, by letter dated 18.03.2017. Thereafter, the petitioner gave a representation, dated 20.09.2017 to the first respondent, seeking for police protection on the ground that the threat perspective is continuing and there is a potential threat to the life and limb of the petitioner. This representation was received by the first respondent, but, however, the same was not acted upon and therefore, this Criminal Original Petition has been filed.

5.As stated above, the first respondent had thought it fit to give police protection to the petitioner by his proceedings, dated 28.06.2016. Now, the petitioner is again facing threat to his life and therefore, he made a representation to the first respondent, on 20.09.2017.

6.In the facts and circumstances of the case, there shall be a direction to the first respondent to consider the representation made by the petitioner on 20.09.2017 and based on the real threat perspective faced by the petitioner and also taking into consideration, the earlier police protection granted by the first respondent by his proceedings, dated 28.06.2016, the first respondent shall take a decision and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS-III) To 1.The Superintendent of Police Madurai District, Madurai.

2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police Meelavalavu Police Station, Melur Taluk, Madurai District.

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

+ 1 CC TO MR.S.T.SASIDHARAN TAMILKANI, ADVOCATE IN SR NO.87204 LS BU/PM/SAR-III :25.10.2018 : 3P/6C Crl.O.P.(MD).No.16132 of 2017 27.09.2018.