The High Court dismissed a bail under CrPC petition seeking police protection. The court held that without an enforceable civil order, invoking Section 482 was not warranted, leaving the petitioner's rights open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P(MD)No.9632 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.11.2021
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.9632 of 2021
Subbiah @ Sorimuthu
... Petitioner
Vs.
1.The Superintendent of Police, Tenkasi District, Tenkasi.
3.Kannan
4.Madasamy ... Respondents
Prayer : This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent to provide adequate police protection for life and limb of the petitioner on the basis of the petitioner's representation dated 26.06.2021 preferred by the petitioner in accordance with law.
For Petitioner : Mr.M.Sankar For Respondents : Mr.M.Veeranthiran, Govt. Advocate (Crl. Side) for R1 & R2. : Mr.S.Loga nathan for R3 & R4.
O R D E R
This criminal original petition has been filed seeking grant of police protection.
2.The petitioner states that he is being restrained by the private respondents from entering his own land. If that be so, the only remedy open to the petitioner is to file an injunction suit. When the petitioner is not having an enforceable order of the civil https://hcservices.ecourts.gov.in/hcservices/
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Crl.O.P(MD)No.9632 of 2021
Court in his favour, the question of invoking section 482 of CrPC does not arise at all. Leaving open the petitioner's rights, remedies and contentions, this criminal original petition is dismissed.
Sd/Assistant Registrar (T&P)
// True Copy //
/ /2021 Sub Assistant Registrar(CS) ias
Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be 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, Tenkasi District, Tenkasi. 2.The Inspector of Police, Uthumalai Police Station, Tenkasi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S. LOGANANTHAN, Advocate( SR-35522[F] dated 23/11/2021 ) Crl.O.P(MD)No.9632 of 2021 22.11.2021
MGJ(08.12.2021) 2P 5C
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1 issue framed by the court
Whether Section 482 of CrPC can be invoked to direct police protection when the petitioner lacks an enforceable civil order.
1 provisions across 1 enactments
Subbiah @ Sorimuthu
Superintendent of Police
Inspector of Police
Kannan
Madasamy
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
