IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WP(C).No. 27063 of 2010(G) -------------------------- PETITIONER(S): --------------- JIBIN P.B, S/O P.R.BOSE, AGED 28 YEARS PADINJARECHEERANATTU HOUSE, PUTHUVYPU POST VYPEEN, ERNAKULAM. BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT(S): --------------- 1. THE ADDITIONAL DIRECTOR GENERAL OF POLICE (CRIMES) VALLAKADAVU, THIRUVANANTHAPURAM. 2. MOHAMMED FAISAL, SUPERINTENDENT OF POLICE,CRIME BRANCH (ORGANIZING CRIME WING) KERALA POLICE ,KALOOR INTERNATIONAL STATIUM ERNAKULAM. 3. ANIL KUMAR, OFFICE OF SUPERINTENDENT OF POLICE, CRIME BRANCH (ORGANIZING CRIME WING) KERALA POLICE ,KALOOR INTERNATIONAL STATIUM ERNAKULAM. 4. KANNAN, ASI, OFFICE OF SUPERINTENDENT OF POLICE, CRIME BRANCH (ORGANIZING CRIME WING) KERALA POLICE ,KALOOR INTERNATIONAL STATIUM ERNAKULAM. GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - W.P.(C).No.27063 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of September, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. Petitioner, who claims to be an eye witness in a particular incident which has been recorded as an offence, is before us. He alleges threat and duress of the police officials, who are now investigating the case. It appears that under directions of first respondent, the Additional Director General of Police, the case in question and another ultimately went to the CB-CID. This court had also recorded that fact while disposing of W.P.(C)No.20545/2009. The cases are registered and reported to the Judicial Magistrate of First Class, North Paravur. If there is any allegation of harassment or any other related matters, it should necessarily be available to a person arrayed as a witness in the case to move the said Magistrate for appropriate protective orders. In our view, it would not be wise for this court to act on different versions and pass orders. The Criminal Court has to ensure the rights of the accused as well as the rights of the WPC.No.27063/2010 2 witnesses and that their personal liberties are properly protected in terms of the circumstances and the laws. Preserving all such remedies of the petitioner, this writ petition is closed. THOTTATHIL B.RADHAKRISHNAN,JUDGE P.Q.BARKATH ALI, JUDGE sv. WPC.No.27063/2010 3