IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 33905 of 2008(J) -------------------------- PETITIONER(S): --------------- ALEXANDER, S/O.SEBASTIAN, AGED 29, VIJAYAMBIKA LINK ROAD, DEEPU NIVAS, VALIAPARAMBIL HOUSE, AROOR. BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, AROOR POLICE STATION, AROOR. 2. SUB INSPECTOR OF POLICE, THEVARA POLICE STATION, THEVARA. 3. BIJU, FATHER'S NAME NOT KNOWN AGED ABOUT 30, NEDUMPILLY HOUSE, KANNANKUZHY POST, CHARUMOOD, ALLEPPEY DISTRICT NOW RESIDING AT C/O.M.S.JOY, NEAR AMBADY APARTMENTS, CHILAVANNUR. 4. LAWRENCE, S/O.HENRY, AGED ABOUT 35, KURAMALATHOPPIL HOUSE, SAKTHIKULANGARA PANCHAYATH, KOLLAM DISTRICT. ADV. SRI.D.KISHORE FOR R4 SR.GOVT. PLEADER SRI.BENJAMIN PAUL – R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 33905/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE PHOTO COPY OF THE RECEIPT GIVEN BY RESPONDENT NO.4 REGARDING THE ACCEPTANCE OF MONEY AND DOCUMENTS. EXTS.P2 & P2(a) - TRUE PHOTO COPY OF THE COMPLAINT FILED BEFORE RESPONDENT NOS.1 AND 2. EXT.P3 - TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT. /TRUE COPY/ K.BALAKRISHNAN NAIR & V.K.MOHANAN, JJ. ----------------------------------------- W.P.(C) NO. 33905 OF 2008-J ----------------------------------------- Dated 2nd December, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner was an aspirant for getting a job in France. When a tempting offer was made to him for the same by respondents 3 and 4, he parted with Rs.One lakh and also his passport. The respondents 3 and 4 while taking the money and passport, assured the petitioner that he can fly to France within one month. Ext.P1 is the receipt issued by the 4th respondent, evidencing receipt of Rs.One lakh by them. After one month, when the petitioner approached the said respondents for employment, there was no positive response from their side. Realising that he was cheated, the petitioner filed a petition before the Sub Inspector of Police, Thevara. Thereupon, he was paid Rs.80,000/-. The balance amount of Rs.20,000/- and the passport are yet to be returned to him. So, the petitioner informed respondents 3 and 4 that WPC 33905/08 2 he will file a complaint against them before the authorities, unless they are returned. Infuriated by that, the petitioner submits, respondents 3 and 4 are threatening him and physically harassing him. Seeking necessary protection to his life, the petitioner has preferred Ext.P2 petition before the 1st respondent within whose jurisdiction he is residing. He has also filed a petition before the 2nd respondent within whose jurisdiction the 3rd respondent is residing. Alleging that the police did not take any action to protect him, this writ petition is filed. 2. The respondents 3 and 4 have filed a counter affidavit, denying the allegations of the petitioner and submitting that they have no intention to physically harm the petitioner. 3. We heard the learned Government Pleader for the official respondents also. If there is any threat to his life from respondents 3 and 4, the petitioner may inform the 1st respondent. In that event the 1st respondent shall enquire into the same and if there is any substance in his allegations, the said officer shall extend necessary protection to his WPC 33905/08 3 life. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. V.K.MOHANAN, JUDGE. Nm/