J.Gabriel Devairakkam, v. The Honourable Principal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.(MD)No.6491 of 2019 and W.M.P.(MD)Nos.5187 and 5188 of 2019 J.Gabriel Devairakkam : Petitioner Vs.

1.The Hon'ble Principal District Judge, Tirunelveli, Tirunelveli District.

2.The Commissioner of Police, Tirunelveli City, Tirunelveli.

3.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

4.John : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to direct the first respondent to forward the petition dated 15.12.2018 to the respondents 2 and 3 for necessary action and consequently, direct the respondents 2 and 3 to register the First Information Report against the fourth respondent and to conduct fair investigation by procuring the relevant video footage recorded in the CCTV Camera attached to Judicial Magistrate Court No.I, Tirunelveli.

For Petitioner : Mr.N.Dilip Kumar For R-1 to R-3 : Mrs.S.Bharathi, Government Advocate (Crl.Side)

ORDER

The petitioner complains that he was attacked by the fourth respondent inside the Court premises. On a complaint preferred by the petitioner, a case came to be registered in Crime No.160 of 2019 against the fourth respondent. Now, the petitioner complains that he faces threat to his life, limb and liberty from the fourth respondent.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondents 1 to 3.

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3.For the present, if the petitioner alleges that she faces threat to his life and liberty from the fourth respondent, he is directed to give a fresh complaint / representation to the third respondent and on such fresh complaint, the third respondent is directed to enquire into the matter of the complaint filed by the petitioner and take such appropriate decision as may be necessary to protect the life, liberty and right to the property of the petitioner. It is made clear that this Court does not order granting of police protection 24 x 7 and the third respondent is left to decide on the basis of the objective assessment of the threat perception of the petitioner from time to time. 4.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AD I) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal District Judge, Tirunelveli, Tirunelveli District.

2.The Commissioner of Police, Tirunelveli City, Tirunelveli.

3.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

+1cc to Mr.D.SIVARAMAN, Advocate (for Registrar General), SR.No.63425 +1cc to Mr.N.DILIPKUMAR, Advocate, SR.No.63303 W.P.(MD)No.6491 of 2019 26.04.2019 myr KK/SAR/29.04.2019/ 2P- 6C https://hcservices.ecourts.gov.in/hcservices/