Madras High CourtCRL OP(MD)/8035/2021disposed of

M.Eswarakannan v. The Superintendent Of Police

2021-06-28Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN M.Eswarakannan ... Petitioner Vs.

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

2.The Inspector of Police, Munneerpallam Police Station, 3.A.Ranjithkumar 4.Jegan Nathan 5.Antony

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 1st and 2nd respondents to provide adequate police protection for the petitioner and his family members for their life and limb on the basis of the petitioner's complaint, dated 12.06.2021. For Petitioner : Mr.J.Jeyakumaran For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition is filed seeking a direction to the 1st and 2nd respondents to provide adequate police protection to the petitioner and his family members on the basis of the representation, dated 12.06.2021.

2. On the previous hearing, a submission was made by the learned counsel for the petitioner that the private respondents trespassed into the petitioner's house on 27.04.2021, demanding re-payment of loan amount with exorbitant interest and assaulted him. Further, on 11.06.2021, once again, the private respondents came to the house of the petitioner and damaged the CCTV footage containing the occurrence that took place on 27.04.2021. 1/3

3. It is submitted by the learned Additional Public Prosecutor that based upon the complaint given by the petitioner, enquiry was undertaken, in pursuance of which, a case in Crime No.317 of 2021 for the offences punishable under Sections 147, 294(b), 448, 427 and 506(2) of IPC has been registered against the three accused and two other unknown persons on 25.06.2021.

4. The learned counsel for the petitioner would submit that the grievance of the petitioner has not been properly rectified. According to him, in the First Information Report, the offence for having demanded exorbitant interest has been omitted and during the course of enquiry, the second respondent may take this also into account.

5. Since First Information Report is registered against the accused persons, the learned Additional Public Prosecutor would submit that the life of the petitioner is now safe.

6. In view of the submissions of the learned Additional Public Prosecutor, nothing survives for further adjudication or direction. If any problem arises, the petitioner is at liberty to approach this Court or the second respondent for appropriate remedy or relief.

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

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi 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 Superintendent of Police, Tirunelveli, 2/3

2.The Inspector of Police, Munneerpallam Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

28.06.2021 AS(05.07.2021) 3P 4C 3/3