IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 19052 of 2010(F) --------------------------------------------- PETITIONER(S): ---------------------- REJINA,W/O.PRAMOD,AGED 27 YEARS, MELE ADUKKAIPPURATH,MUTHUVANTHARA, PANTHEERANKAVU PO, KOZHIKODE 673 019. BY ADV. SRI.K.M.FIROZ SMT.SHAJNA FIROZ RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, NALLALAM, KOZHIKODE-673 027. 3. THE CIRCLE INSPECTOR OF POLICE, NALLALAM POLICE STATION, NALLALAM, KOZHIKODE- 673 027. 4. THE CITY POLICE COMMISSIONER, KOZHIKODE CITY, KOZHIKODE-673 001. 5. RATHEESH,S/O.DAMODARA KURUP,AGED ABOUT 35 YEARS,MEMOOLATH HOUSE,MUTHUVANATHARA, PANTHEERANKAVU PO, KOZHIKODE 673 019. 6. BIJU,S/O.DASAN NAIR, AGED ABOUT 30 YEARS KODAVANNA HOUSE, MUTHUVANATHARA,PANTHEERANKAVU PO, KOZHIKODE 673 019. W.P.(C).NO.19052 OF 2010 F 7. SRIJITH ALIAS VAVA,S/O.VENU,AGED ABOUT 25 YEARS,KODAVANNA HOUSE, MUTHUVANATHARA, PANTHEERANKAVU PO, KOZHIKODE 673 019. ADV. SRI.SANTHARAM.P FOR R5-7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.19052 OF 2010 F PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE WOUND CERTIFICATE DATED 23.5.2010 ISSUED BY THE MEDICAL OFFICER, GOVERNMENT GENERAL HOSPITAL, KOZHIKODE BEARING SERIAL NO.39. EXT.P2TRUE COPY OF THE WOUND CERTIFICATE DATED 23.5.2010 ISSUED BY THE MEDICAL OFFICER, GOVERNMENT GENERAL HOSPITAL, KOZHIKODE BEARING SERIAL NO.40. EXT.P3TRUE COPY OF THE DISCHARGE CARD ISSUED FROM THE GOVERNMENT GENERAL HOSPITAL, KOZHIKODE. EXT.P4TRUE COPY OF THE COMPLAINT DATED 24.5.2010 SUBMITTED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, NALLALAM POLICE STATION. EXT.P5TRUE COPY OF THE COMPLAINT/REQUEST SUBMITTED BY THE PETITIONER BEFORE THE CITY POLICE COMMISSIONER, KOZHIKODE CITYDATED 24.5.2010 SEEKING POLICE PROTECTION. EXT.P6TRUE COPY OF THE COMPLAINT DATED 28.5.2010 SUBMITTED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, NALLALAM POLICE STATION. EXT.P7TRUE COPY OF THE COMPLAINT DATED 31.5.2010 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-V, KOZHIKODE. EXT.P8TRUE COPY OF THE RELEVANT PORTION OF THE NEWS PAPER REPORT PUBLISHED IN KERALA KAUMUDI DAILY DATED 26,.5.2010. EXT.P9TRUE COPY OF THE RELEVANT PORTION OF THE NEWS PAPER REPORT PUBLISHED IN MANGALAM DAILY DATED 26.5.2010. EXT.P10 TRUE COPY OF THE RELEVANT PORTION OF THE NEWS PAPER REPORT PUBLISHED IN MADHYAMAM DAILY DATED 26.5.2010. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 19052 OF 2010 F --------------------------------------------------- Dated this the 21st June, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court with the following prayer: “Call for the records leading to Ext.P1 and direct respondents 1 to 4 to give adequate police protection to the life and property of the petitioner and her family members from the illegal attempts of respondents 5, 6 and 7 and their men by issuing a writ of mandamus or any other appropriate writ, direction or order.” 2. We heard the learned counsel for the petitioner, learned Government Pleader and also the learned counsel appearing on behalf of respondents 5 to 7. Learned counsel for respondents 5 to 7 would submit that the allegations of the petitioner are not WPC.19052/2010 F 2 correct and if the petitioner is granted the relief sought, she will misuse the same. He would further submit that respondents 5 to 7 have no intention to cause any threat to the life of the petitioner as apprehended by her. We record the said submission. Learned Government Pleader would submit that a rowdy history sheet has been opened against the petitioner. It is submitted that several crimes have been registered against the petitioner and this Writ Petition is to be viewed as an attempt to stall the proposed proceedings under the Kerala Anti Social Activities (Prevention) Act, 2007. 3. In view of the apprehension of the petitioner, we, besides recording the submission of the learned counsel for respondents 5 to 7 that they have no intention to cause any threat to the life of the petitioner, direct that if the petitioner reports any such incident before respondents 2 to 4, they shall take appropriate measures to secure the life of the petitioner. We further make it clear that this Judgment shall not be understood as in any way standing in the way of respondents 1 to 4 taking WPC.19052/2010 F 3 any action against the petitioner, if such action is warranted in facts and in law. The Writ Petition is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge