IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 32578 of 2008(C) -------------------------- PETITIONER: ------------- SURESH.R, S/O.M.K.RAVEENDRAN PILLAI, KUTTATHURAVI BHAVANAM, KIZHAKKETHERUVU, KOTTARAKARA. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): --------------- 1. STATION HOUSE OFFICER, KOTTARAKARA POLICE STATION. 2. THULASEEDHARAN PILLA, DIVYA BHAVANAM, IYPALLUR MURI, MELILA VILLAGE, KOTTARAKARA TALUK. 3. DEEPU, S/O.THULASEEDHARAN PILLA, DIVYA BHAVANAM, IYPALLUR MURI, MELILA VILLAGE, KOTTARAKARA TALUK. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 ADV. SRI.C.B.SREEKUMAR FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.32578/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE FIR IN CRIME NO.1299/08. EXT.P2: TRUE COPY OF THE PETITION FILED BEFORE THE FIRST RESPONDENT DATED 30.10.08. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.32578 OF 2008 C ----------------------------------------------------- DATED THIS THE 26th DAY OF NOVEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is a money lender, running a firm called Muttathu Financiers. The 2nd respondent availed a loan from him. Though, he paid a portion of the amount, substantial amounts are still remaining unpaid. When the petitioner asked repayment of the balance amount, the 2nd respondent along with his son, who is the 3rd respondent herein came to his office, abused and threatened him. The 3rd respondent poured petrol on him and the 2nd respondent lighted a match to set fire to him. Fortunately, the petitioner's father intervened and the lighted match was snatched away by him. The petitioner got himself admitted in the nearby hospital and based on the intimation given from the hospital, the police registered a crime against respondents 2 and 3 under sections 452 and 308 of Indian Penal Code. So far the accused have not been arrested. The petitioner pointed out to the police, the residence of respondents 2 and 3. For that they W.P.(C)No.32578/08 -2- are now telephoning and threatening him. The petitioner apprehends they may, at any time, attack him again. Therefore, he preferred Exhibit P2 representation before the first respondent. But, the said respondent did not take any effective action. Hence this Writ Petition. 2. Respondents 2 and 3 have filed a counter affidavit. According to them, no amount is due from the 2nd respondent to the petitioner, even though he is claiming further amounts using the two blank cheques issued by the 2nd respondent. When they went to inquire about this, they were threatened by the petitioner using a gun. Apprehending that respondents 2 and 3 may complain about it to the police, a false case of pouring petrol, etc. was foisted on them. In fact, they are living under mortal fear of the police and the petitioner, it is submitted. They deny the allegations of causing any threat to the life of the petitioner. 3. The learned Government Pleader upon instructions submitted that a crime has been registered against respondents 2 and 3 and the allegation of the petitioner appears to be correct. But, the culprits could not be arrested as they have gone W.P.(C)No.32578/08 -3- underground. 4. If there is any threat to the life of the petitioner from the part of respondents 2 and 3, he may inform the first respondent. In that event, the first respondent shall take necessary action, as the occasion demands, to protect the life of the petitioner,. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn