Madras High CourtCRL OP(MD)/6179/2021disposed of

S.Shaji v. The Commissioner Of Police

2021-06-23Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.6179 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6179 of 2021 (Through Video Conference) S.Shaji ... Petitioner Vs.

1.The Commissioner of Police, Trichy City, O/o the Commissioner of Police, Subramaniyapuram, Trichy.

2.The Inspector of Police, Cantonment Police Station, (L & O) Cantonment, Trichy.

3.Mr.Kutty @ Karimkutty ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, directing the respondents 1 and 2, to give adequate police protection to the petitioner's life, limb, family members and his properties and to take necessary action against the third respondent for his criminal actions, in accordance with law.

For Petitioner : Mr.M.Dinesh Hari Sudarsan For RR 1 & 2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal side) ******

O R D E R

This Criminal Original Petition is filed seeking respondents 1 and 2 for police protection since he is experiencing continuous trouble from the third respondent, who is his half brother.

2. When the matter is taken up for hearing, learned counsel for the petitioner would submit that there was a continuous threat and assault by the third respondent and in respect of the first occurrence, even when a complaint was given by him, there was no action taken. In respect of the second occurrence, a complaint has been given and it has been registered in Crime No.54 of 2021 on the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.6179 of 2021 file of the second respondent herein and the accused was arrested on 19.06.2021 and was remanded to custody and now, he is in jail.

3. Even though it appears that it is a dispute between the half brothers, the effort taken by this Court for settling the dispute could not be proceeded further since the third respondent has been arrested and is in judicial custody. Since the third respondent is in judicial custody, nothing survives for further consideration. However, the learned counsel for the petitioner would submit that if the third respondent is released on bail, his life will become danger at his hands. If any threat is made even after the release of the third respondent on bail, the petitioner is at liberty to move fresh representation before the second respondent, who shall consider the same on merits by summoning the petitioner as well as the third respondent herein and decide the same on merits.

4. With the above directions, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) sts Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Commissioner of Police, Trichy City, O/o the Commissioner of Police, Subramaniyapuram, Trichy.

2.The Inspector of Police, Cantonment Police Station, (L & O) Cantonment, Trichy.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Order made in Crl.O.P.(MD)No.6179 of 2021 Dated: 23.06.2021 LS(CO) TR(09.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2