S.Parvathi v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2024 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.11034 of 2024 S.Parvathi ... Petitioner Vs 1.The Superintendent of Police, Thoothukudi District, Thoothukudi 628 601.
2.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.
3.N.Nangaiyar
...Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 and 2 to give necessary police protection to the life and limb of the petitioner and her family members on the basis of her representations dt. 22.06.2024. For Petitioner : Mr.Aayiram K.Selvakumar, For R1 & R2 : Mr.P.Kottaichamy, Government Advocate (Crl.side) 1/6
O R D E R
The petitioner, the President of Adhichanallur Village has approached this Court, seeking police protection for discharging her duty.
2.The learned counsel appearing for the petitioner submits that at the instance of the third respondent, the petitioner, her husband and five others have been arrayed as accused in a murder case in Crime No.33 of 2024, on the file of the first respondent police. Subsequently, this petitioner and five others have been deleted from the charge sheet by the District Collector, Tuticorin, as the investigation reveals that they were no way connected with the alleged offence. However, the petitioner's husband is detained in judicial custody. At this juncture, at the instigation of the third respondent, the respondent police has prevented the petitioner from entering her village to discharge her duty as the President of the Village. Therefore, the petitioner is forced to reside in her relative's house at Krishnapuram. 2/6
3.Mr.P.Kottaichamy, learned Government Advocate (Crl.side) appearing for the respondents 1 & 2 submits that based on the complaint of the third respondent, a case in Crime No.33 of 2024 has been registered as against this petitioner, her husband and five others, for the offence punishable under Sections 147, 294(b), 307, 302 of IPC. During the course of investigation, the respondent police have found that the petitioner is not having any role in the commission of offence and therefore, they have deleted the petitioner's name in the above Crime number. However, the petitioner's husband is shown as A1. He further submits that a petition enquiry in CSR No.369 of 2024 was conducted and it was closed on 21.07.2024. 4.This Court considered the rival submissions made. 5.Initially, a case in Crime No. 33 of 2024 has been registered as against this petitioner, her husband and five others. Since the investigation reveals that this petitioner is not having any role in the commission of offence, her name was deleted. However, the petitioner's husband is shown as A1. The petitioner is having 3/6
reasonable apprehension that this petitioner may be done away with, if she goes to the Village. The petitioner, as a President of the Village has to discharge her duties without any interruption. 6.In view of the above, this Criminal Original Petition is disposed of. The respondent police shall ensure that the petitioner is not prevented from discharging her duty as a Panchayat President and also issue a warning to the third respondent, not to indulge in any further incidents, consequent to the Crime No.33 of 2024. 22.07.2024 NCC : Yes/No Index : Yes/No vrn 4/6
To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi 628 601.
2.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.11034 of 2024 22.07.2024 6/6