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Madras High CourtCRL OP(MD)/9819/2021disposed of

Vennila v. The Superintendent Of Police

2021-07-23Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD).No.9819 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Crl.O.P.(MD)No.9819 of 2021 Vennila ... Petitioner Vs.

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

2. The Deputy Superintendent of Police, Ambasamudram, Tirunelveli District.

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

4.Surya

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., directing the respondents to provide adequate police protection to protect the life and limb of the petitioner and her family members based on her representation dated 08.06.2021 & 28.06.2021 in the light of Section 15A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989. For Petitioner : Mr.M.Maran For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor.

ORDER

This petition has been filed to direct the respondents to provide adequate police protection to protect the life and limb of the petitioner and her family members based on her representation dated 08.06.2021 & 28.06.2021 in the light of Section 15A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989.

2. The case of the petitioner is that he belongs to scheduled caste community. On 12.05.2021 at about 1.00pm, when she and her husband were returning to her home in two wheeler, the fourth respondent along with his friends attacked them, as a result of which, she lodged a complaint with the third respondent police. But it was not registered. Subsequently, the fourth respondent along with other persons who belong to upper community came to the Village of the petitioner and damaged the houses and articles. In respect of which, complaint has been given and case in Crime No.157 of 2021 has been registered against the petitioner, her husband and their https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P(MD).No.9819 of 2021 relatives. Thereafter, based on the complaint given by the petitioner, a counter case in Crime No.158 of 2021 has also been registered against the fourth respondent and his friends. Even after registration of the case, the fourth respondent threatened the petitioner. Hence, the petitioner sent a detailed representation seeking police protection. Since no action has been taken, the petitioner is before this Court with the present Criminal Original Petition.

3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor(Crl.side) for the respondents 1 & 2.

4.The learned Additional Public Prosecutor would submit that there were communal clash between two community people, in respect of which, case and counter case has been registered. Enquiry has been conducted in CSR No.1583 of 2021 and it was closed on 05.07.2021 on the ground that the village is under surveillance for 24 hours, in order to avoid law and order problems.

5. Recording the submission of the learned Additional Public Prosecutor that the enquiry has been closed and the village is under 24 hours surveillance to avoid law and order problems, there is no question of police protection in such circumstances to one party. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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, District Police Officer, Tirunelveli District.

2. The Deputy Superintendent of Police, Ambasamudram,Tirunelveli District.

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

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

Crl.O.P.(MD)No.9819 of 2021 23.07.2021 RC (03.08.2021) 2P-5C https://hcservices.ecourts.gov.in/hcservices/