1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2011 CORAM THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.2459 of 2011 V.S.Prabakaran ... Petitioner Vs 1. The Sub-Inspector of Police Woriur Police Station Woriur, Trichy – 3 2. The Inspector of Police Woriur Police Station Woriur, Trichy – 3 3. The Commissioner of Police Subramaniapuram Tolgate,Trichy ... Respondents PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to give police protection to the petitioner's life, limb and peaceful residence, from the illegal threat an harassment made by the second respondent. For Petitioner : Mr.N.R.Murugesan For Respondents : Mr.L.Murugan Government Advocate (Crl. Side) O R D E R This Petition has been filed by the petitioner seeking to direct the first respondent to give police protection to the petitioner's life, limb and peaceful residence, from the illegal threat an harassment made by the second respondent. 2. Heard Mr.N.R.Murugesan, learned counsel appearing for the petitioner and Mr.L.Murugan, learned Government Advocate (Crl. Side) appearing for the State. 3. The learned counsel appearing for the petitioner would submit in his argument that the petitioner is an active functionary, founder and President of Consumer Legal Protection and Human Rights Society in his area for the past two years and at that time, one Gujarathullah @ Babu entered and involved himself in the petitioner's human rights organization. He would further submit in his argument that due to civil dispute, the unlawful elements gave disturbance to the petitioner by abusing unparliamentary words and threatening him that they are going to occupy the said property and therefore, the petitioner has given a telegram, on 19.02.2011. He would further submit in his argument that if for any reason, the petitioner is not given with any protection by the respondent police, there may be a threat to the life and limb of the petitioner and therefore, he would request the Court that the petitioner may be given police protection for his life and limb. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned Government Advocate (Crl. Side) would submit in his argument that the respondent police is always duty bound to protect every citizen's life and limb and the petitioner's apprehension that the unlawful elements are inimical towards the petitioner on the basis of the civil dispute, would be looked into and if there is an element of truth in the apprehension of the petitioner, the respondent police would give police protection to the life and limb of the petitioner also. Therefore, he would request the Court to pass suitable orders. 5. I have given anxious thoughts to the arguments advanced on either side. 6. The documents produced by the petitioner in the form of typed set of papers would go to show that there was a dispute in between the petitioner and the unlawful elements in respect of the properties. The apprehension on the part of the petitioner would be that the unlawful elements are still inimical towards the petitioner and they are threatening to invade the property. No doubt, the petitioner's apprehension could be sustained. 7. The respondent police is also willing to provide protection to the life and limb of the petitioner. If for any reason, the property is invaded by the unlawful elements, it is always open to the petitioner to approach the Civil Court by initiating appropriate proceedings and other relief. Therefore, this Court is convinced to direct the first respondent to provide police protection to the life and limb of the petitioner. 8. Accordingly, this Court is inclined to direct the first respondent to provide police protection to the life and limb of the petitioner. With the above direction, this Petition is ordered. Sd/- Deputy Registrar(Writs) /True copy/ Assistant Registrar To 1.The Sub-Inspector of Police, Woriur Police Station, Woriur, Trichy – 3 2.The Inspector of Police, Woriur Police Station, Woriur, Trichy – 3 3.The Commissioner of Police, Subramaniapuram, Tolgate, Trichy 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court Madurai +1 CC to Mr.N.R.Murugesan, Advocate, Sr.No.10092 vsg Crl.O.P.(MD).No.2459 of 2011 25.02.2011 TR : 28.02.2011 : 2p/6c ; IT https://hcservices.ecourts.gov.in/hcservices/