IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 12851 of 2011(F) ------------------------------- PETITIONER(S): ------------------ NIKHIL,B.THOMAS, AGED 23, S/O. T.B.THOMAS, THALAYANAPARAMBIL HOUSE, VALANJAVATTAM.P.O., THIRUVALLA. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): -------------------- 1. SUPERINTENDENT OF POLICE, PATHANAMTHITTA-689645. 2. CIRCLE INSPECTOR OF POLICE, THIRUVALLA-689101. 3. SUB INSPECTOR OF PLICE, PULIKEEZHU, PATHANAMTHITTA DIST-689645. 4. SUB INSPECTOR OF POLICE, GALIVEEDU POLICE STATION, KADAPPA DISTRICT ANDHRAPRADESH-616267. 5. SOBHARANI, I.D. NO.12/69, CHAKKAVANDLAPALLI, GALEEVEEDU, KADAPPA DISTRICT ANDHRAPRADESH-516267. SRI.T.K.VIPINDAS, GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12851 of 2011(F) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE CERTIFICATE DATED 21/05/09. EXT.P2:- TRUE COPY OF THE COMPLAINT DATED 28/04/11. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.12851 of 2011 ------------------------------------------------ Dated this the 27th day of September, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner seeks protection for his life from what is described as the atrocities of the 5th respondent, a lady belonging to State of Andhra Pradesh. He also seeks protection from harassment by respondents 1 to 3 who are officers of the State police and the 4th respondent, the Station House Officer of Galiveedu Police Station in Andhra Pradesh. Even though service of notice is completed on the respondents, none of them have come forward to resist the Writ Petition by filing counter affidavit. There is no appearance for the party respondents. The learned Government Pleader Smt.C.M.Charisma, on the basis of the instructions submitted that the accusations of harassment by police are without any basis. The petitioner is accused in Crime No.34/11 of Galiveedu Police Station. The offence W. P. C. No.12851 of 2011 -2- alleged against the petitioner are those under Sections 307 IPC and 498A IPC. In connection with investigation of that crime, the personnel of the Andhra Pradesh police came over here and sought for assistance of respondents 1 to 3. The 3rd respondent only accompanied the 4th respondent to the house of the petitioner in connection with the investigation of the above crime. The petitioner was not at that time present in his house. There is no warrant for issuance of protection for the life of the petitioner. According to the learned Government Pleader it is always open to the petitioner to seek regular bail in Crime No.34/11 from the court where the FIR is lodged. 2. Even though Sri.T.P.Pradeep, the learned counsel for the petitioner submitted that there is justification for issuance of all the directions sought for in this Writ Petition, we are convinced that there is no warrant for issuance of any of the directions sought for. The action of respondents 1 to 3 cannot be branded as harassment. We decline the reliefs sought for and dispose of the Writ Petition directing W. P. C. No.12851 of 2011 -3- the petitioner to pursue his remedies available to him under the code of Criminal Procedure in respect of Crime No.34/11 of Galiveedu Police Station. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-