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[Cites 6, Cited by 0]

Madras High Court

Balasudharsan vs The Superintendent Of Police on 8 October, 2021

Author: G.Ilangovan

Bench: G.Ilangovan

                                                                     Crl.O.P.(MD)No.13201 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED: 08.10.2021

                                                        CORAM:

                                   THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                            Crl.O.P.(MD) No.13201 of 2021

                     Balasudharsan                                             ... Petitioner
                                                             Vs.
                     1.The Superintendent of Police,
                       Ramanathapuram District,
                       Ramanathapuram.

                     2.The Deputy Superintendent of Police,
                       Rameswaram Sub Division,
                       Rameswaram,
                       Ramanathapuram District.

                     3.The Inspector of Police,
                       Jetty Police Station,
                       Ramanathapuram District.

                     4.Murugan                                               ... Respondents

                     PRAYER: Criminal Original Petition is filed under Section 482 of
                     Cr.P.C, to direct the respondents 1 to 3 to give adequate police protection
                     for the life and limb of the petitioner, based on the representation dated
                     23.07.2021.


                                     For Petitioner      : Mr.T.Veerakumar
                                     For R1 to R3        : Mr.K.Sanjai Gandhi
                                                           Government Advocate (Crl.Side)

https://www.mhc.tn.gov.in/judis/
                     1/5
                                                                       Crl.O.P.(MD)No.13201 of 2021



                                                         ORDER

This petition is filed seeking police protection on the basis of the representation dated 23.07.2021.

2.The case of the petitioner is that he is doing the business of conducting fishing boat yard in the name of his father for the past 40 years. On 27.06.2021, the 4th respondent herein trespassed into the petitioner's boat yard, damaged the articles and also severely assaulted the petitioner, upon which, a case in Crime No.149 of 2021 for the offences punishable under Sections 147, 148, 294(b), 324 and 307 of IPC has been registered on 27.06.2021 against the 4th respondent herein and 4 other persons. Now, the investigation is pending. After that, they have been released on bail and after releasing on bail, again they made trouble, based upon which, the petitioner sent representation seeking police protection on 23.07.2021. Since there is no action, this petition came to be filed.

3.The learned Government Advocate (Crl.side) appearing for the respondents 1 to 3 would submit that based upon the complaint given by this petitioner, enquiry was undertaken and during the course of enquiry, https://www.mhc.tn.gov.in/judis/ 2/5 Crl.O.P.(MD)No.13201 of 2021 the 4th respondent appeared and gave an undertaking to the effect that he will not make any trouble or disturbance to the petitioner. On that ground, it was closed.

4.Even though the complaint given by the petitioner has been closed, considering the facts and circumstances of the case, the 3rd respondent herein may visit the petitioner's boat yard frequently, so that no untoward incident as occurred earlier will happen. If the 4th respondent violates the undertaking that has been given by him, the petitioner is at liberty to give proper complaint to the 3rd respondent, who in turn shall consider the same for taking further action. Except this, no other relief can be granted to this petitioner in the facts and circumstance of the case.

5.With the aforesaid direction and liberty, this petition stands disposed of.

                     Index : Yes/No                                      08.10.2021
                     Internet : Yes/No
                     mm

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be https://www.mhc.tn.gov.in/judis/ 3/5 Crl.O.P.(MD)No.13201 of 2021 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, Ramanathapuram District, Ramanathapuram.

2.The Deputy Superintendent of Police, Rameswaram Sub Division, Rameswaram, Ramanathapuram District.

3.The Inspector of Police, Jetty Police Station, Ramanathapuram District.

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

https://www.mhc.tn.gov.in/judis/ 4/5 Crl.O.P.(MD)No.13201 of 2021 G.ILANGOVAN. J.

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