Murugan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Murugan ... Petitioner Vs.

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

2.The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

3.Mathiyalagan

4. Sudhakar ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent to provide adequate police protection to the petitioner and his family based on the petitioner's representation dated 19.06.2021. For Petitioner : Mr.T.Sugadev For R-1 and R-2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)

O R D E R

This petition has been filed seeking direction to the second respondent to provide police protection on the basis of the representation dated 19.06.2021.

2. When the matter was taken up for hearing on 12.08.2021, the learned counsel for the petitioner submitted that originally a case in Crime No.328 of 2021 for the offences punishable under Sections 341, 294(b), 342, 324 and 506(ii) IPC was registered against the fourth respondent and 3 other persons. Within 14 days from the date of the above said occurrence, another occurrence took place in which the brother of the petitioner namely Velu was killed in respect of which a case in Crime No.380 of 2021 for the offences punishable under Sections 341, 302, 506(ii) and 34 of IPC has been registered against three persons including the private respondents herein.

3. Apprehending threat to the petitioner it appears that he has made a representation. It is submitted by the learned Additional Public Prosecutor that no representation has been received by the 1/3

petitioner till date. So a direction was issued to the petitioner to give fresh representation on the date itself and a direction was issued to the first respondent to conduct enquiry by calling the petitioner as well as the private respondents immediately and depending upon the outcome of the enquiry, police protection may be given to the petitioner and his family members. To intimate the outcome of the enquiry, the matter was listed and already been listed on 17.09.2021. On that date, at the request made by the learned Additional Public Prosecutor the matter has been adjourned today for final disposal.

4. Today, a copy of the closure report copy has also been submitted wherein it has been mentioned that on enquiry being made it was found that the private respondents were not available in the locality and so it was closed temporarily. However, from the facts and circumstances that has been narrated above, it is seen that the brother of the petitioner was done to death in the second attempt. Certainly the apprehension that has been entertained by the petitioner with regard to the life threat may not be ruled out to be baseless. So the second respondent herein shall give proper protection to the petitioner and his family members by visiting the house of the petitioner frequently and also by putting up a patta book in the residence of the petitioner and surveillance shall be undertaken.

5. With the above direction, this petition stands disposed of. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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 District, Tirunelveli.

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2.The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

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

29.10.2021 SRK(CO) KB(16.11.2021) 3P 4C 3/3