Mohammed Yasar Arabath v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Mohammed Yasar Arabath ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Sayalkudi Police Station, Sayalkudi, Ramanathapuram District.

3.Kaleeswaran @ Kali 4.Veera Sooran 5.Sethupathi ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd Respondent to give adequate Police Protection to life and limb of the Petitioner and his family members on the basis of the petitioner's representation dated 17.06.2023.

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For Petitioner :Mr.M.Palani For R1 and R2 :Mr.B.Thanga Aravindh Government Advocate (crl.side) O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the respondent police to provide protection basing on the representation of the petitioner dated 17.06.2023. 2.According to the learned counsel for the petitioner, when the unofficial respondent Nos.3 to 5 have threatened and damaged the property belonging to the petitioner, a complaint was given, basing on which a case in Crime No.123 of 2023 has been registered on 09.06.2023. Subsequently again the unofficial respondent Nos.3 to 5 have threatened the petitioner, on which the petitioner has given a representation dated 17.06.2023, but no action has been taken, therefore, sought for suitable directions.

3.The learned Government Advocate (Crl.side) on the other hand submits that the complaint filed by the petitioner dated 17.06.2023 is in respect of threatening him over phone allegedly by the unofficial respondent Nos.3 to 5 and 2/5

that the police have registered the same as CSR.No.395 of 2023 and during the course of enquiry, the petitioner and the unofficial respondent Nos.3 to 5 appeared and the police have given severe warning to the unofficial respondent Nos.3 to 5, basing on which they gave an undertaking that they will not interfere with the life of the petitioner and the same was recorded and accordingly, CSR.No.395 of 2023 was closed, thereby the petitioner has withdrawn the complaint.

4.Considering the submissions made by the learned counsel on either side and on perusal of the records, this Petition is disposed of, as the petitioner himself has withdrawn the complaint. However, in case if any untoward incident happens and if any threats are received by the petitioner from the unofficial respondent Nos.3 to 5, the petitioner is at liberty to approach the police, on which the respondent police are directed to consider the same, if necessary, by giving suitable police protection.

Speaking : Yes / No 16.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No 3/5

To 1.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Sayalkudi Police Station, Sayalkudi, Ramanathapuram District.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.14453 of 2023 16.08.2023 5/5