IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 24210 of 2008(F) ---------------------------------------- PETITIONER: ---------------------- SHYLAJA, AGED 38 YEARS D/O.SARALA, BHARGAVA BHAVAN, MELTHONNAKKAL VILLAGE, MANGALAPURAM, NOW RESIDING AT LAKSHOM VEEDU, KUNNUCADU, KOITHURKONAM P.O., MELTHONNAKKAL VILLAGE, MANGALAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENTS: ------------------------ 1. THE INSPECTOR GENERAL OF POLICE, SOUTH ZONE, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, KAZHAKUTTAM POLICE CIRCLE, KAZHAKUTTAM. 3. THE S.I. OF POLICE, MANGALAPURAM POLICE STATION, MANGALAPURAM. 4. SUDEVAN, AGE ABOUT 46, S/O. BHARGAVAN, BHARGAVA BHAVAN, MELTHONNAKKAL VILLAGE, MANGALAPURAM, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI. BENJAMIN PAUL-R1 TO R3 ADV. SRI.M.DINESH FOR R4 SMT.C.VASANTHA ASOK FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24120/2008 F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PETITION SUBMITTED BY THE 4TH RESPONDENT. EXT.P2: COPY OF THE F.I.R. EXT.P3: COPY OF THE AFFIDAVIT AND THE PETITION FILED BY THE PETITIONER BEFORE THE MAGISTRATE COURT. EXT.P4: COPY OF THE PETITION KAZHAKUTTOM FOR PROTECTION FOR LIFE FROM THE MISDEEDS AND CRUELTY OF THE 4TH RESPONDENT. EXT.P5: COPY OF THE COMPLAINT FILED BEFORE THE C.I. OF POLICE, KAZHAKUTTOM. EXT.P6: COPY OF THE ACKNOWLEDGMENT ISSUED FROM THE OFFICE OF C.I., KAZHAKUTTOM. RESPONDENT'S EXHIBITS: EXT.R4: COPY OF THE EMERGENCY CERTIFICATE SEIZURE MEMO. EXT.R4(A): COPY OF THE COMPLAINT FILED BEFORE THE 1ST RESPONDENT. EXT.R4(B): COPY OF THE FINAL REPORT FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ATTINGAL. EXT.R4(C): COPY OF THE NEWSPAPER REPORT APPEARED. EXT.R4(D): COPY OF THE REPORT IN KERALA SABDAM WEEKLY. /TRUE COPY/ P.A.TO JUDGE Kss K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.24210 OF 2008 ----------------------------------------------------- DATED THIS THE 4th DAY OF SEPTEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court seeking protection to her life in the background of the alleged threat to her from the part of the 4th respondent, who is her husband. They were married in 1988 and two children were born out of that wedlock, who are now aged 19 and 16 years respectively. The 4th respondent on 9.7.2008 submitted Exhibit P1 representation alleging that the petitioner has absconded with his money and gold ornaments apart from other documents. Based on that petition, the police registered Crime No.193/2008 and Exhibit P2 is the FIR in the case. Pursuant to the said case, the petitioner appeared before the Judicial First Class Magistrate's Court- II, Attingal on 31.7.2008 and she was released. The petitioner submits, thereafter, she was being constantly threatened by the 4th respondent. She submits, she is being physically harassed and abused. Her husband is compelling her to have sex with the men brought by him. So, she is even afraid of the safety of her daughter. In view of the above facts, the petitioner submitted Exhibit P4 petition claiming W.P.(C)No.24210/08 -2- police protection to her life. Alleging that the police did not take any action, this Writ Petition is filed. 2. The 4th respondent has filed a counter affidavit stating that the Station Writer of Mangalapuram Police Station has got illicit relationship with his wife. With his support, she has absconded with his money and valuables. The Constable is also absconding. The 4th respondent filed a complaint against him before the Inspector General of Police, Southern Range. The said Officer caused an inquiry into his complaint and the Officer who inquired into the complaint filed Exhibit R4(b) report, which would show that the allegations of the 4th respondent against the petitioner and the police man are correct. Based on the recommendation of the Officer who conducted the investigation, the Police Constable has been placed under suspension, which is evident from Exhibit R4(c). He submits, the petitioner is leading an immoral life and to cover up her laches, unfounded allegations are made against him. 3. The petitioner has filed a reply affidavit denying the allegations made against her. 4. We heard the learned counsel on both sides. 5. We find no reason to discard the facts disclosed in Exhibit R4 (b) and also the fact that the Police Constable concerned has been suspended based on Exhibit R4(b). If those facts are correct, we feel that W.P.(C)No.24210/08 -3- this Court should not extend any helping hand to the petitioner. Accordingly, the Writ Petition fails and it is dismissed without prejudice to the contentions of the petitioner and her right to move other forums for appropriate reliefs. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn