Madras High Court
Panchavarnam vs State Rep. By on 11 December, 2019
Author: A.D. Jagadish Chandira
Bench: A.D. Jagadish Chandira
Crl.O.P.(MD).No.18444 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.12.2019
CORAM:
THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA
Crl.O.P.(MD).No.18444 of 2019
Panchavarnam ... Petitioner
Vs.
1.State Rep. by
The Commissioner of Police,
Madurai City, Madurai.
2.The Inspector of Police,
Thilagar Thidal Police Station,
Madurai City. ... Respondents
PRAYER: This Criminal Original Petition has been filed under
Section 482 of Criminal Procedure Code, to direct the respondents
to give police protection to the petitioner and her family members
and her property based on the petitioner's representation dated
08.11.2019.
For Petitioner : Mr.N.Mohideen Basha
For Respondents : Mr.S.Chandrasekar
Additional Public Prosecutor
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Crl.O.P.(MD).No.18444 of 2019
ORDER
The Criminal Original Petition has been filed seeking for a direction to the respondents to give police protection to the petitioner and her family members and her property based on the petitioner's representation dated 08.11.2019.
2.The learned Counsel appearing for the petitioner would submit that the petitioner has been falsely arrayed as an accused in Crime No.1533 of 2019, registered by the Thallakulam Police Sation, for the offences punishable under Sections 147, 148, 341, 109, 302 and 506(ii) of IPC. He would further submit that one Gurunatha Sethupathi is the deceased in the said case and the incident had happened on 20.09.2019. In retaliation, the father of the deceased one Duraipandian, his son-in-law Karthikeyan, his sister's son Balaji and one Pattarai Saravanan along with 20 others armed with crowbar, iron rod and wooden logs had criminally trespassed into the petitioner's Fruit Shop and her residence in the upstairs and had ransacked the shop and house and caused severe damage to the other electronic items. He would further submit that the total loss is estimated to be more than 10 lakhs and that they have also caused damage to the vehicles belonging to the petitioner. He would 2/6 http://www.judis.nic.in Crl.O.P.(MD).No.18444 of 2019 further submit that though the petitioner has sent a representation to the respondents, no action has been taken by the respondents so far. He would further submit that the Duraipandian has also weilded threat that he will do away with the petitioner's children and that she apprehends damage to her life and her sons. He would further submit that the Women Inspector of Police belonging to the second respondent police station had visited the residence of the petitioner and also taken the hard disk data of the CCTV footage from her house and she has also locked the residence and taken away the keys of the house on the same day, the petitioner is also unable to enter her house and left to stay at the mercy of her friends. Since her representation is not considered, she has approached this Court.
3.The learned Additional Public Prosecutor would submit that the petitioner has sent a representation through registered post and that she has not appeared for enquiry.
4.At this juncture, the learned counsel for the petitioner would submit that if a date is fixed by the respondent police, the petitioner is prepared to appear before the Superior Officer, either the Assistant Commissioner of Police or the Deputy Commissioner of 3/6 http://www.judis.nic.in Crl.O.P.(MD).No.18444 of 2019 Police and to give the other details and statement with regard to threat against her.
5.The learned Additional Public Prosecutor would submit that based on the enquiry, if it is found that the police protection is necessary for the petitioner, they will take steps in accordance with law.
6.In view of the same, the Criminal Original Petition stands closed with a direction to the Assistant Commissioner of Police, Thilagar Thidal Police Station to enquire the petitioner on her appearance before him in respect of her representation, dated 08.11.2019 and take appropriate action in accordance with law.
11.12.2019
Index : Yes / No
Internet : Yes / No
sji
Note: Issue order copy on 19.12.2019.
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Crl.O.P.(MD).No.18444 of 2019
To
1.The Commissioner of Police,
Madurai City, Madurai.
2.The Inspector of Police,
Thilagar Thidal Police Station,
Madurai City.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD).No.18444 of 2019
A.D. JAGADISH CHANDIRA, J.
sji
Crl.O.P.(MD).No.18444 of 2019
11.12.2019
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