Madras High CourtCRL OP(MD)/18486/2021disposed of

Thangamari v. The Superintendent Of Police

2021-11-25Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.18486 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18486 of 2021 1.xxx 2.xxx ... Petitioners Vs.

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

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

3.Manikandan ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st and 2nd respondents to provide adequate police protection to the life and limb of the petitioners herein forthwith on the basis of the petitioner's representation dated 21.11.2021.

For Petitioners :

Mr.S.Sathyachidambaram For Respondents :

Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 & R2.

O R D E R

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondents 1 and 2. 2.The petitioners are mother and daughter. When the second petitioner was minor, it is alleged that the third respondent herein had physical relationship with her. That led to registration of Crime No.55 of 2021 on the file of the Inspector of Police, Sankarankovil Town Police Station under POCSO Act. The third respondent was arrested and he came out on bail after about 50 days. The specific allegation of the petitioners is that the third respondent is continuing to threaten them. In this regard, more than one complaint was given before the first respondent as well as second respondent. The allegations made by the petitioners cannot be ignored. A victim under POCSO Act deserves to be protected. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.18486 of 2021 Since the petitioners are residing within the jurisdictional limits of the second respondent, the second respondent is specifically mandated to ensure the physical safety of the petitioners. The Inspector of Police, Sankarankovil Town Police Station is directed to take note of the allegations made by the petitioners and move the jurisdictional Court for cancelling bail. I make it clear that I have not gone into the merits of the matter. It is for the jurisdictional Court to consider the materials and take appropriate action in accordance with law after putting the third respondent on notice.

3.This criminal original petition is disposed of with the aforesaid directions.

Sd/- Assistant Registrar(AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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, Office of the Superintendent of Police, Tirunelveli District.

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

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

Copy to The Inspector of Police, Sankarankovil Town Police Station, Tenkasi District.

Crl.O.P(MD)No.18486 of 2021 25.11.2021 DJ(CO) TR/SKN(25.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2