Dr.Denzil Kudalane vs The Superintendent Of Police
2024 Latest Caselaw 17937 Mad

Madras High Court

Dr.Denzil Kudalane vs The Superintendent Of Police on 9 September, 2024

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                             1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    Dated : 09.09.2024

                                                         CORAM

                              The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

                                              CRL OP(MD). No.11267 of 2023

                      Dr.Denzil Kudalane                                       ... Petitioner
                                                                 Vs.
                     1. The Superintendent of Police
                          Tuticorin District.
                     2. The Inspector of Police
                          Vadabagam Police Station,
                         Tuticorin District.
                     3. Pushparani
                     4. Vinibert Fernando                              ... Respondents
                     PRAYER :- This Petition is filed under Section 482 Cr.P.C, to direct the
                     1st and 2nd Respondent police to Provide adequate police protection to
                     the petitioner and his family members for their life and limb, based on
                     the representation given by the petitioner, dated 03.06.2023, to put up a
                     compound wall in petitioner's property bearing S.No.461 part, 466, 467,
                     468, 476, situated in Survey ward No.5, Block 4, North Raja Street,
                     Tuticorin, based on the judgment in A.S.No.128 of 2015, dated
                     22.01.2021.
                                  For Petitioner   : Mr.G.Prabhu Rajadurai

                                  For Respondents : Mr.R.M.Anbunithi
                                                   Additional Public Prosecutor for R1 & 2

https://www.mhc.tn.gov.in/judis
                                                                2

                                                     : Mr.K.Selvam for R3

                                                     : No appearance

                                                           ORDER

This Petition is filed to direct the 1st and 2nd respondent police to

provide adequate police protection to the petitioner and his family

members for their life and limb, based on the representation given by the

petitioner, dated 03.06.2023, to put up a compound wall in petitioner's

property bearing S.No.461 part, 466, 467, 468, 476, situated in Survey

ward No.5, Block 4, North Raja Street, Tuticorin, based on the judgment

in A.S.No.128 of 2015, dated 22.01.2021.

2. Heard both sides.

3. It can be seen that the petitioner has got a decree in his favour,

on 22.01.2021, in A.S.No.128 of 2015. The learned counsel appearing on

behalf the third respondent would submit that already second appeal had

filed and the same is in SR stage and the decree of the first Appellate

Court was passed in the year 2021 and till date, the Second Appeal itself

is not even being numbered, unless any interim order is passed in the

second appeal, the first respondent police is required to grant protection

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to the petitioner, in terms of the civil Court decree. It will be open for the

private respondent to obtain any such order in the second appeal and

until thereof, the if and when sought for by the petitioner, the first

respondent police shall grant protection in terms of the civil Court

decree.

With the above directions, this Criminal Original Petition stands

disposed of.

09.09.2024 Internet : Yes Index : Yes/ No NCC : Yes/No LS

TO

1. The Superintendent of Police Tuticorin District.

2. The Inspector of Police Vadabagam Police Station, Tuticorin District.

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

https://www.mhc.tn.gov.in/judis

D.BHARATHA CHAKRAVARTHY,J

LS

ORDER IN

Date : 09.09.2024

https://www.mhc.tn.gov.in/judis