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Madras High CourtCRL OP(MD)/7739/2019allowed

Pitchai v. The Superintendent Of Police

2019-10-31Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.7739 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.7739 of 2019 and Crl.M.P(MD)No.5219 of 2019 Pitchai

...Petitioner

Vs.

1.State rep. by The Superintendent of Police, Theni District, Theni.

2.State rep. by The Inspector of Police, Chinnamanur Police Station, Theni District.

(R2 amended as per the order of Hon'ble Court made in Cr.M.P(MD)No.5219 of 2019 in Crl.O.P(MD)No.7739 of 2019 vide order dated 31.10.2019) 3.Mahendran 4.Mohan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent Nos.1 and 2 to give necessary police protection to the life and limb of the petitioner and his residing house situated at W-4, Kallar School Street, Markkaiyankottai, Theni District, on the basis of the petitioner's representation, dated 13.05.2019.

For Petitioner : Mr.G.Mathavan For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

This petition has been filed seeking a direction to the first and second respondents to give necessary police protection to the life and limb of the petitioner and his residing house situated at W-4, Kallar School Street, Markkaiyankottai, Theni District, on the basis of the petitioner's representation, dated 13.05.2019.

2. The petitioner is the father of the third and fourth https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.7739 of 2019 respondents and the third and fourth respondents are the sons of the petitioner. There is a dispute between them in respect of the property owned by the petitioner herein. The petitioner is aged about 75 years. On the complaint lodged by the petitioner, the respondent police registered the case in Crime No.204 of 2019 under Sections 294 (b), 323, 324 and 506(ii) of IPC., and it is pending for investigation. Even then the third and fourth respondents are threatened the petitioner and compelled him to write a Will in their favour. Therefore, the petitioner lodged a complaint again on 13.05.2019 and seeking police protection.

3. In this regard, this Court enquired the third and fourth respondents as well as the petitioner. Therefore, the matter was also referred before the mediation for compromise. There was no amicable settlement arrived at between them. Therefore, the second respondent police is directed to consider the request of the petitioner and provide adequate police protection to the petitioner in accordance with law.

4. Accordingly, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar(CS) vsd To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Chinnamanur Police Station, Theni District.

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

+1CC TO MR.G.MATHAVAN, Advocate Sr. No. 95261 Crl.O.P.(MD)No.7739 of 2019 and Crl.M.P(MD)No.5219 of 2019 31.10.2019 GKG(CO) TR(19.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2