P. Hameed Farooq v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.16622 of 2022 P.Hameed Farooq

...Petitioner

vs 1.The Superintendent of Police, Office of the Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police Vadasery Police Station Nagercoil, Kanyakumari District.

3.S.Nadiya Manzoor

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Respondents 1 and 2 to give adequate police protection to the Petitioner and his minor children, when he is taking his children from the third Respondent as per the orders of this Court from the clutches of third Respondent, her parents and her relatives in accordance with law. 1/4

For Petitioner : Mr.S.Karthikeyan For R1 & R2 : Mr.R.Sivakumar Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the Respondents 1 and 2 to give adequate police protection to the Petitioner and his minor children.

2.The learned Counsel for the Petitioner submits that the Petitioner is separated from his wife due to the matrimonial dispute. The Petitioner had filed G.W.O.P.No.217 of 2019 on the file of the Family Court, Nagercoil, seeking custody of the children. In the meanwhile, the Family Court, Nagercoil, had ordered visitation rights for the Petitioner to visit his children, who is staying with the third Respondent/mother. 3.It is the further contention of the learned Counsel for the Petitioner that the Petitioner is close to the third Respondent/wife's residence. The third Respondent relatives had assaulted him. Therefore, the FIR was registered. In the light of the above, the Petitioner seeks police protection, 2/4

when he is seeking the visitation rights to take the children for outing on every second and fourth Saturdays and Sundays of every English Calendar month.

4.In the light of the above, the Petitioner is directed not to provoke. The Inspector Police, All Women Police Station, Nagercoil, shall impose restrictions regarding the conditions imposed by the Court in granting visitation rights to the Petitioner on the aforesaid days from Saturday 08.00 am to Sunday 08.00 pm. The first Respondent/the Superintendent of Police, Nagercoil, is directed to pass appropriate orders to the Inspector of Police, All Women Police Station, Nagercoil, to implement this order. 5.With the above direction, this Petition is disposed of. Internet :Yes/No 19.09.2022 Index :Yes/No mm 3/4

SATHI KUMAR SUKUMARA KURUP , J.

mm To 1.The Inspector of Police Kulithalai Police Station Karur District.

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

Copy To:- 1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, All Women Police Station, Nagercoil.

CRL.O.P (MD) No.16622 of 2022 19.09.2022 4/4