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Synopsis

The Madras High Court on April 1 observed that "wherever the person seeking for police protection has a criminal background and such a threat perception is a result of his own activities, the court should be very hesitant to grant police protection".

The bench of Justice N Anand Venkatesh held so in a plea moved by ‘Milakaipodi’ Venkatesan alias K. Venkatesh, OBC State Secretary of the Bharatiya Janata Party (BJP) in Tamil Nadu.

Milakaipodi, who is also engaged in import and export business, submitted that following the brutal murder of one of his close relatives in August 2023, he and his family began receiving threatening messages from the perpetrators, therefore, he required police protection.

Court noted that Milakaipodi had been branded as a history sheeted rowdy as apart from criminal cases pending in Tamil Nadu, Milakaipodi was accused in as many as 49 cases booked in Andhra Pradesh for smuggling red sanders.

Court also highlighted the contradictory stance of the police in the matter, pointing out that while they vigorously opposed providing police protection to Milakaipodi, internal communications regarding the threats against him were leaked to him. "This attitude on the part of the respondent - police is quite incomprehensible," said the single judge bench. 

Court said that while considering the plea for grant of police protection, it is very important to take note of the background and the stature of the person, who is seeking for such a police protection.

If the petitioner is a person without any background of criminal cases pending against him, this Court would have straight away directed the respondents to provide police protection to the petitioner without any hesitation," it added. 

However, it stressed that if there are pending criminal cases against a person and if he develops enmity/rivalry due to his own activities and it directs to give police protection for such persons, it will send a wrong signal to the society and a normal citizen should not get an impression that people with criminal background are also provided with police protection.

"If such an impression is created, they will lose their faith in the existing system," said the court. 

Therefore, though noting that in the past, there had been orders for the police protection tosome persons with criminal background, court said that it could not be taken as a precedent.

Accordingly, court denied ordering any personal security officer to Milakaipodi.

Case Title: Sri K.Venkatesh v. The Principal Secretary to Government, TN and Others