R.M.Selva Kumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.19231 of 2022 R.M.Selva Kumar ... Petitioner Vs.

1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Karaikudi Police Station, Sivagangai District.

3.The Manager, Chola Financial Services Ltd, 3rd Floor, Gv Towers, No.2/3 Melakkal Road, Opposite Fenner India Company, Madurai-625 016.

4.The Manager, ICICI Bank Ltd, No.63 TPK Road, Subramaniapuram, Madurai 625 011.

... Respondents 1/6

Prayer: The Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent No.1 to give necessary police protection to the life and limb of the petitioner by considering his representation dated 16.10.2022 within the period that may be stipulated by this Honble court.

For Petitioner : Mr.Karthikeyan.J For R1 and R2 : Mr.B.Nambiselvan, Additional Public Prosecutor For R3 : Mr.B.Janarth Kumar

O R D E R

This Criminal Original Petition has been filed to direct the respondent No.1 to give necessary police protection to the life and limb of the petitioner by considering his representation dated 16.10.2022 within the period that may be stipulated by this Court.

2. The facts in brief: The petitioner's two own brothers are running the business, for which, they obtained loan from the third and fourth respondent's Banks. Due to heavy loss in their business, they could not pay the monthly installments and they are also trying to sell 2/6

their property to settle the issue, but it could not be done, because the said property is pledged in the Bank. Due to non payment of monthly installments by the petitioner's brothers, the respondent Nos.3 and 4 illegally trespassed into the petitioner's shop and threatened him with dire consequences. The goondas and rowdy elements accompanied as collection agents, they abused the petitioner and his family members using filthy language and threatened him. Thereby, the petitioner made a representation to the Inspector General of Police, South Zone and to the first respondent, but so far, no action has been taken by the respondents Police. Hence, the present petition has been filed.

3. The learned Additional Public Prosecutor would submit that as per the guidelines issued by the Reserve Bank of India, the loan amount will be recovered from the petitioner's brothers and hand over the same to the third and fourth respondents.

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4. Recording the submissions made by the learned Additional Public Prosecutor, the second respondent is directed to collect the loan amount from the petitioner's brothers, who obtained loan from the third and fourth respondents Bank, as per the guidelines issued by the Reserve Bank of India by following the due procedure.

5. With the said direction, this Criminal Original Petition is disposed of.

21.02.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Indu 4/6

To:

1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Karaikudi Police Station, Sivagangai District.

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

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M.DHANDAPANI,J.

Indu Crl.O.P.(MD) No.19231 of 2022 21.02.2024 6/6