K. Anees Mohamed v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2021
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN K.Anees Mohamed ... Petitioner Vs.
1.The Commissioner of Police, O/o. The Commissioner of Police, Madurai District.
2.The Inspector of Police, S.S Colony Police Station, Madurai District.
3.Azarudeen 4.Bakrudeen Ali Mohamed 5.Ajimuddin 6.F.Abdul Kathar Faizal 7.D.Ubaakaaram 8.Ramachandran 9.U.Iliyas Basha 10.Usman 11.Wahitha Begum 12.P.P.Mahendran 13.Javeed Ahamed 14.Salai Kumar @ Mohamed Siidique 15.Rabik ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, directing the respondent Nos.1 & 2 to provide adequate police protection to the petitioner's life, limb and property by considering the petitioner's representation dated 17.08.2021.
For Petitioner : Mr.S.M.A.Jinnah For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) 1/3
ORDER
(This petition is heard through video conference) This petition has been filed seeking direction to the respondent Nos.1 & 2 to provide adequate police protection to the petitioner's life, limb and property by considering the petitioner's representation dated 17.08.2021.
2.The case of the petitioner is that he is the Managing Director of a company called Green Tech Distributors P Ltd for the past six years and more than 300 agents are working in the above said company and it is running at several places in India. The respondents 3 to 13 are working as agents in the petitioner's company and the respondents 14 and 15 are the henchmen engaged by the respondents 3 to 13. Due to the non payment of the amount with investors a case in Crime No.5 of 2020 has been registered against the petitioner for the offences under Sections 420, 406 & 120(b) of IPC and Section 5 of TNPID Financial Established Act and he was arrested on 22.12.2020 and remanded into judicial custody for 120 days. Thereafter on 17.04.2021, he was released on bail. Demanding the payment of amount, the private respondents are harassing the petitioner and also made life threat. The petitioner is also ready to settle the amount by selling the property, which was under attachment. Hence, he made a representation.
3.The learned Additional Public Prosecutor submitted that based upon the representation made by the petitioner, enquiry is kept pending. Some of the accused persons also found to be absconding in the above said crime.
4.When the petitioner is facing serious charges under Sections 420, 406 and 120(b) of IPC and 5 of TNPID Financial Established Act, I am of the considered view that granting of police protection may not be proper. It appears that absolutely there is no life threat at the hands of the private respondents. They are interested only to recover the amount that has been deposited by them. Except that they may not indulge in making life threat and disturb the petitioner. So I find no merit in this petition and this petition deserves to be dismissed.
5.Accordingly, this criminal original petition is dismissed. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 2/3
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, O/o. The Commissioner of Police, Madurai District.
2.The Inspector of Police, S.S Colony Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
06.10.2021 RK/PM (29/10/2021) 3P 4C 3/3