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. 37552 of 2009(L) --------------------------------------------- PETITIONER(S): ---------------------- SOJAN IMMANUEL, AGED 35, S/O.IMMANUEL, GENERAL MANAGER, HOTEL HILL PALACE, IRUMPANAM JUNCTION, KARINGACHIRA, TRIPUNITHURA. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): -------------------------- 1. THE S.I. OF POLICE, HILL PALACE POLICE STATION, TRIPUNITHURA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JOHNSON THOMAS, AGED 42, S/O.THOMAS, THURUTHIYIL HOUSE, KADUNGAMANGALAM P.O., THIRUVAMKULAM. 682 305. 3. ROY MOHANAN, AGED 40, S/O.MOHANAN, POTTATHU HOUSE, THIRUVAMKULAM. 682 305. 4. N.G.SETHUMADHAVAN, AGED 44, S/O.GOPALAN, NATHERY HOUSE, THIRUVAMKULAM. PIN.682 305. R1 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.ABRAHAM JOHN FOR R2 TO 4 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.37552 OF 2009 L PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF THE REPORT OF THE PRESS CONFERENCE CONDUCTED BY R2 TO R4 DATED 18 TO 24 IN INDIA MIRROR WEEKLY. EXT.P2 TRUE PHOTOCOPY OF THE NEWS PUBLISHED IN MALAYALA MANORAMA DAILY DATED 21.12.2009 REGARDING THE DHARNA STAGED IN FRONT OF THE HOTEL. EXT.P3 TRUE PHOTOCOPY OF THE COMPLAINT DATED 21.12.2009 SUBMITTED BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 37552 OF 2009 L --------------------------------------------------- Dated this the 24th February, 2010 JUDGMENT K.M. Joseph, J. Petitioner seeks police protection. Briefly put, the case of the petitioner is as follows: Petitioner is the General Manager of a three star bar attached hotel located near Irumpanam junction at Tripunithura. It is stated that about fifty persons are now regularly working in the hotel. On 11.11.2009, the dead body of a person by name Roy, was found outside the hotel compound. The first respondent after completing all legal formalities, obtained the post-mortem certificate from the Doctor which says that the death of Roy was the result of cardiac arrest. After a few days, certain people under the leadership of respondents 2 to 4 approached the petitioner and demanded compensation for the death of Roy, saying that the death of Roy was a homicide and the hotel people are responsible for the murder. Petitioner has WPC.37552/09 L 2 denied the same. They threatened the petitioner that they will start agitation in front of the hotel. They also conducted a press meeting. Ext.P1 is the photo copy of the press report. It is stated that they have conducted dharna on 20.12.2009. 2. A Counter Affidavit is filed by respondents 2 to 4. Therein, it is, inter alia, stated as follows: On 10.11.2009, a person by name Roy, who is a native of Thiruvankulam Panchayat went to the hotel in which the petitioner is the Manager, along with his friends. They consumed liquor from the bar and finally when the bill was given, the money which they had, was found insufficient. Hence Roy remained in the hotel and the other persons went out to bring money for payment of the bill amount. There was a quarrel and Roy attempted to run out of the hotel. It is further alleged that Roy was manhandled and he sustained bodily injuries and he succumbed. 3. We heard the learned counsel for the petitioner and the learned counsel appearing for the party respondents as also the learned Government Pleader. Learned counsel for the party WPC.37552/09 L 3 respondents submits that under the cover of the interim order, the investigation into the circumstances leading to the death of Roy is being held up. Learned counsel for the petitioner submits that the petitioner is willing to co-operate with the investigation. 4. While respondents 2 to 4 may agitate, it cannot block the ingress and egress of the management and the staff or the customers. Accordingly, we make the interim order dated 23.12.2009 absolute. However, we make it crystal clear that this Judgment shall not be used as a reason to stop the investigation going on into the death of Roy. 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