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K Nagendran And Others vs Tr Sugavanam And Others

Madras High Court|29 June, 2017
|

JUDGMENT / ORDER

This Criminal Original Petition has been filed by the petitioners to direct the respondents not to hinder the regular pooja activities being carried out by the petitioners.
2.It is stated by the petitioners that on 16.01.2009 when they were performing their poojari works, the Temple Assistant Commissioner (HR & CE), viz., V.Shanmugam and the Hereditary Trustee, viz., R.Vasantha, accompanied with their team of local rowdies, threatened and cruelly attacked one Mr.Kannaian, Co-worker/ Co-poojari of the same temple. Due to the considerable efforts made by the public and worshipping devotees, the respondent police arrived to the occurrence spot and after thorough enquiry, a case in Crime No.63 of 2009 was registered against the Assistant Commissioner (HR & CE) - V.Shanmugam and the Hereditary Trustee - R.Vasantha. In the present case, the petitioners are also the prime police witnesses among others. The above said offenders, after knowing that the petitioners are the major prime witnesses of the said brutal incident, gave immense pressure and threatened the petitioners not to co- operate with the police officials. It is also stated that the petitioners were subjected to lot of harassment and severe torture by the said offenders. It is also stated that at the instigation of the said offenders, a false complaint has been filed against the petitioners. Hence, this Criminal Original Petition.
4. Mr.C.Emalias, learned Additional Public Prosecutor, takes notice for the respondents 1 to 3. Mrs.Elizabeth Ravi, learned counsel, takes notice for the fourth respondent. Mr.M.Maharajan, learned Special Government Pleader, takes notice for the respondents 5 to 7.
5. Though the petitioner has prayed for a direction to the respondents not to hinder their regular pooja activities in the temple in question, considering the facts and circumstances of the case, this Court is inclined to direct the respondents 1 to 3 not to harass the petitioners.
6. With the above direction, the Criminal Original Petition is closed. Consequently, the connected miscellaneous petition is also closed.
Index : Yes/No 29.06.2017 Internet : Yes/No gsk To
1. The Inspector of Police, Mettupalayam Police Station, Mettupalayam, Coimbatore District-641 305.
2. The Sub-Inspector of Police, Mettupalayam Police Station, Mettupalayam, Coimbatore District-641 305.
3. The Sub-Inspector of Police, Mettupalayam Police Station, mettupalayam, Coimbatore District-641 305.
4. The Assistant Commissioner/ Executive Officer, Arulmigu Vanabathira Kaali Amman Kovil, Thekkampatti, Devikottam, Nellithurai Post, Mettupalayam, Coimbatore District-641 305.
5. The Joint Commissioner, HR & CE, Coimbatore-18.
6. The Commissioner, HR & CE, Nungambakkam, Chennai-34.
7. The Public Prosecutor, Madras High Court, Chennai-600 104.
R.MAHADEVAN, J.
gsk Crl.O.P.No.5565 of 2017 and Crl.M.P.No.5441 of 2017 29.06.2017
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Title

K Nagendran And Others vs Tr Sugavanam And Others

Court

Madras High Court

JudgmentDate
29 June, 2017
Judges
  • R Mahadevan