Mariammal v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2024
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Mariammal ... Petitioner Vs.
1.The State of Tamil Nadu rep., by the Superintendent of Police, Thanjavur District, Thanjavur.
2.The Deputy Superintendent of Police, Thanjavur, Thanjavur District.
3.The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.
4.S.Dharmaraj 5.S.Abisheik @ Manikandan Abishek ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the respondents 1 to 3 to give adequate police protection for the life and limb of the petitioner and her family members for residing peacefully in their home based on the representation dated 04.08.2024. For Petitioner : Mr.M.Boopathipandiyan For R1 to R3 : Mr.A.Thiruvadikumar Additional Public Prosecutor 1/5
ORDER
The petitioner, who is 71 years old lady, had sent a representation on 04.08.2024 to the respondent police stating that on 12.04.2024, the petitioner's grandson, Jerold Rupan, had fight with one Satyamoorthy, father of Abisheik. The said Abisheik and Jerold Ruban are friends. On 12.04.2024, at late hours, Jerold Ruban called Abisheik to Thanjavur, which was opposed by Abisheik's mother and at that time, Jerold Ruban abused Abisheik' mother and left that place, which was questioned by Satyamoorthy and thereafter, there was fight between Satyamoorthy and Jerold Roban and later, Satyamoorthy was dead and case in Crime No.
151 of 2024 for the offence under Sections 294(b) and 304(1) of IPC registered, Jerold Ruban arrested in this case and later, he had come out on bail and thereafter, Jerold Ruban and his father, Yesudoss, who is the second son of the petitioner, are now living elsewhere. This being so, on 24.04.2024, when the petitioner along with her sister Gnanasundari were at home, at about 12 pm., one Dharmaraj and Abisheik and others entered petitioner's house, abused, assaulted them and damaged articles.
in Thanjavur Medical Hospital. Now, the petitioner and her family members are not allowed to enter the village. The respondent police are not providing any protection. The act of petitioner's grand-son cannot be a reason/justification for the petitioner to be assaulted and damage her property and chasing her away from the village. Hence, sought protection.
2. The learned Additional Public Prosecutor submitted that earlier occurrence had taken place on 12.04.2024, thereafter, the petitioner's grandson, Jerold Rupan, was arrested and later, he had come out on bail and thereafter, on 24.04.2024, the present occurrence took place in which, the petitioner and her sister were abused, assaulted and property was damaged. Further, he submitted that since the situation created commotion in the village, the police adviced the petitioner to stay away for some time. Now, Peace Committee Meeting contemplated.
3. Considering the facts and circumstanced of the case, the Deputy Superintendent of Police, Vallam, to consider the petitioner's representation, and ensure normalcy restored in the village and give 3/5
adequate police protection to the petitioner's life and property and also ensure that the petitioner a senior citizen and a woman along with her grand-daughter and other relatives resides in the village without any fear or threat.
4. With the above direction, this Criminal Original Petition is disposd of.
NCC : Yes / No 26.11.2024 Index : Yes / No Rmk To 1.The Superintendent of Police, Thanjavur District, Thanjavur.
2.The Deputy Superintendent of Police, Thanjavur, Thanjavur District.
3.The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.NIRMAL KUMAR, J.
Rmk Order made in Dated: 26.11.2024 5/5