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Madras High CourtCRL OP(MD)/19268/2024disposed of

Kalaiselvam v. The Superintendent Of Police

2025-03-13Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL Kalaiselvam .. Petitioner Vs.

1. The Superintendent of Police Trichy District Trichy

2. The Deputy Superintendent of Police District Crime Branch-2 Trichy, Trichy District

3. The Inspector of Police District Crime Branch Trichy District 4.S.K.Reganathan

5. R.Shankar

6. S.Ilayaraja 7.M.Velusamy

8. Baskar @ Pathi A. Baskar .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 to 3 to give necessary police protection for life and limb of the petitioner and his family members on the basis of the petitioner's representation dated 24.10.2024. 1/5

For Petitioner : Mr.A.Joel Paul Antony For Respondents : Mr.M.Sakthi Kumar No.1 to 3 Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 to 3 to give necessary police protection for life and limb of the petitioner and his family members on the basis of the petitioner's representation dated 24.10.2024.

2. The learned counsel appearing for the petitioner would submit that the petitioner is one of the accused in this case and thereafter he was treated as an approver and thereby he received threats from the other accused. Already he has sent a representation on 24.10.2024, but the same has not been considered, hence the present petition has been filed.

3. The learned counsel appearing for the respondents 4 to 8 would submit that the petitioner has filed this petition with false allegations and he is one of the accused and after filing of application to accept the tender of pardon, he got an anticipatory bail before this Court and so far tender of pardon is not accepted, therefore he cannot be treated as an approver. 2/5

However these respondents no way threatened the petitioner as alleged by him. Only for filing of this petition he made false allegation against these respondents.

4. The learned Government Advocate(Crl.side) appearing for the respondents 1 to 3 would submit that the representation of the petitioner is still pending and already the petitioner was examined before the learned Chief Judicial Magistrate, Trichy and no any complaint is received from the petitioner in respect of threat made by the respondents 4 to 8.

5. Since the private respondents themselves denied the alleged threat made by them and also no any complaint lodged by the respondents as against the threat made by them, there is no need of police protection. However, since the representation of the petitioner is pending before the second respondent, it is for him to dispose of the representation after giving opportunity to both parties within a period of 15 days from the date of receipt of a copy of this order. On enquiry if it is revealed any threats from anybody then the second respondent can take necessary action in accordance with law 3/5

6. With the above direction the Criminal Original Petition stands disposed of.

13.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To

1. The Superintendent of Police Trichy District Trichy

2. The Deputy Superintendent of Police District Crime Branch-2 Trichy, Trichy District

3. The Inspector of Police District Crime Branch Trichy District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL,J.

aav 13.03.2025 5/5