IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 14198 of 2008(M) -------------------------- PETITIONER: ------------ ZEENATH, W/O.ALI, AGED 35 YEARS, HOUSE WIFE, RESIDING AT KADAVILAN HOUSE, SREEMOOLANGARAM P.O., SREEBHOOTHAPURAM KARA, CHOVVARA VILLAGE,ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: ------------- 1. SHAKKEER P.M., S/O.MOHAMMED KUNJU, PUTHANPURAYIL HOUSE, SREEBHOTHAPURAM, SREEMOOLANAGARAM CHOVARA, ERNAKULAM. 2. NAZAR M.A., S/O. ALI, MARATHANTOTTATHIL HOUSE,SREEBHOTHAPURAM,SREEMOOLANAGARAM CHOVARA, ERNAKULAM. 3. KUNJU MOHAMMED, S/O.AJEED KOLAPURATHU HOUSE,SREEBHOTHAPURAM,SREEMOOLANAGARAM CHOVARA, ERNAKULAM. 4. ANOOP K.K., S/O.KUNJEEN, KOLAPURATHU HOUSE,SREEBHOTHAPURAM,SREEMOOLANAGARAM, CHOVARA,ERNAKULAM. 5. FAIZAL, S/O.RASHEED, THARAYIL HOUSE, SREEBHOTHAPURAM,SREEMOOLANAGARAM, CHOVARA,ERNAKULAM. 6. MOHAMMED ALI, S/O.HYDROZE,THARAYIL HOUSE SREEBHOTHAPURAM,SREEMOOLANAGARAM, CHOVARA,ERNAKULAM. WP(C).No. 14198 of 2008(M) 2 7. SHANAVAS, S/O.SULAIMAN, PALLATHUKADAVIL HOUSE, SREEBHOTHAPURAM,SREEMOOLANAGARAM, CHOVARA,ERNAKULAM. 8. SUPERINTENDENT OF POLICE, ERNAKULAM (RURAL), ALUVA. 9. CIRCLE INSPECTOR OF POLICE, CHENGAMANADU POLICE STATION, ERNAKULAM DISTRICT. 10. SUB INSPECTOR OF POLICE, KALADY POLICE STATION, ERNAKULAM DISTRICT. BY ADV. SRI.C.A.NAVAS & SRI.SAIJO HASSAN FOR R.1 TO 7 GOVT.PLEADER SHRI BENJAMIN PAUL FOR R8 TO R10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.14198/08 PETITIONER'S EXTS: EXT.P1: TRUE COOPY OF ORDER DATED 17.4.08 IN CRL.M.C.NO.605/08 ON THE FILE OF THE DISTRICT AND SESSIONS COURT, ERNAKULAM. EXT.P2: TRUE COPY OF THE COMPLAINT DATED 21.4.08 SUBMITTED BY THE PETITIONER BEFORE THE 8TH RESPONDENT WITH COPY TO RESPONDENTS 9 AND 10. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.14198 OF 2008 ----------------------------------------------------- DATED THIS THE 2nd DAY OF JUNE, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is a house wife. She has approached this Court praying for a direction to respondents 8 to 10 to afford protection to her and her children in the background of the alleged threat to their life from respondents 1 to 7. 2. The petitioner's husband Mr.Ali is an accused in Crime No.104/08 of Kalady Police Station registered under Section 302 of the Indian Penal Code. The allegation against him is that he murdered his sister-in-law, who was pregnant, while she was waiting at a bus stop along with her daughter. The Sessions Court has granted bail to him as per Exhibit P1 order. Because of the enmity towards her husband, the party respondents attacked the brothers of her husband and her niece. On 20.4.2008 they trespassed into the house of the petitioner, caused damages to the household articles kept there including washing machine, TV, fridge, air conditioner, etc. Vehicles kept there were set on fire. W.P.(C)No.14198/08 -2- The petitioner and her children were also threatened. In view of the above situation, the petitioner is not able to reside in her house and presently she is staying with her parents at Kodungallur. So, she filed Exhibit P2 petition before the police to take action against the culprits and also to extend protection to herself and her family members so that they can reside in their house. Alleging that the police did not take any steps pursuant to Exhibit P2 , this writ petition is filed seeking appropriate reliefs. 3. Respondents 1 to 7 have filed a counter affidavit denying the allegations against them. According to them, the petitioner is at present residing at Kodungallur. Immediately after release on bail, the petitioner's husband came to her house and waved sword stick, etc. against the people of the locality and threatened to kill a few more. Though, the police was informed about the above incident, no action was taken. According to the party respondents, the petitioner is claiming protection so that her husband could flout the bail conditions and reside in his house. The learned Government Pleader upon instructions submitted at present the petitioner is not residing in the house. Soon after the murder, she has left the place. Because of the tense situation arising out of the murder of a pregnant lady, untoward W.P.(C)No.14198/08 -3- incidents are likely to happen. But, it is the duty of the police to maintain law and order and dissuade the people from taking law into their hands. We notice the statement of respondents 1 to 7 that they have no intention whatsoever to harm the petitioner or her children. Recording the said submission, the writ petition is disposed of. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn