IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 35472 of 2009(D) -------------------------------------------------- PETITIONER(S): ---------------------- RAJESH S NAIR, THIRD FLOOR, AMRIT RETREAT,PADAM STOP,KOCHU KADAVANTHRA, ERNAKULAM. BY ADV. SRI.M.R.SASITH PANICKER RESPONDENT(S): -------------------------- 1. CITY COMMISSIONER POLICE, KOCHI. 2. CIRCLE INSPECTOR OF POLICE, THEVARA. 3. SUB INSPECTOR OF POLICE, THEVARA. 4. HASHIR.K.R, SABIHASH HOUSE,ERIYAD.P.O,NEAR BLOCK OFFICE, KODUNGALLOOR-680 666. R1 TO R3 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.K.R.SUNIL FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.35472 OF 2009 D PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P2 TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R4(A) TRUE COPY OF THE COMPLAINT LODGED BY THE FOURTH RESPONDENT AGAINST THE PETITIONER BEFORE THE ASSISTANT COMMISSIONER OF POLICE, COCHIN CITY AND BEFORE THE S.I. OF POLICE, KADAVANTHRA POLICE STATION DATED 2.1.2010. EXT.R4(B) COPY OF RECEIPT ISSUED BY THE SUB INSPECTOR OF POLICE, KADAVANTHRA POLICE STATION DATED 5.1.2010 ACKNOWLEDGING THE RECEIPT OF EXHIBIT R4(A). // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 35472 OF 2009 D --------------------------------------------------- Dated this the 24th February, 2010 JUDGMENT K.M. Joseph, J. Petitioner seeks protection for his life and property from the fourth respondent. Briefly put, the case of the petitioner is as follows: Petitioner is a renowned film producer, now residing at Kochu Kadavanthra. After the petitioner's marriage on 28.3.2009, he along with his wife is residing at a Flat near South Janatha Road. Fourth respondent is stated to be a Government contractor and he had some money transactions with the petitioner's wife. He is alleged to have borrowed Rs.4 Lakhs from the petitioner's wife. When repayment was demanded by the petitioner, he was warned with dire consequences by the fourth respondent. There is allegation made of an incident on 2.4.2009. It is also stated that there was attack by the fourth respondent in July, 2009. Other allegation of attack by the WPC.35472/09 D 2 fourth respondent is also made in connection with the petitioner's business “Karvy Shares”. The further allegation is that the fourth respondent created a web site in the name of the petitioner, where obscene photo of a Malayalam actress is displayed. 2. A Counter Affidavit is filed by the fourth respondent. Therein, the petitioner is described as an anti-social running around, pretending as a film producer. It is stated that the fourth respondent has filed Ext.R4(a) complaint. 3. We heard the learned counsel for the petitioner, learned counsel appearing for the fourth respondent and also the learned Government Pleader. Learned counsel for the fourth respondent submits that the fourth respondent is not having any intention to cause any harm to the petitioner. We record this submission and direct that in case of any request by the petitioner, respondents 1 to 3 will afford adequate and sufficient police protection for the life of the petitioner from the fourth respondent. As far as Ext.R4(a) complaint is concerned, it is for the fourth respondent to pursue the same in accordance with law. It is made clear that WPC.35472/09 D 3 this Judgment will not stand in the way of the police investigating any case registered against the petitioner. 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