IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 17475 of 2008(E) -------------------------- PETITIONER(S): --------------- 1. SANTHA, W/O MANIKANDAN, PAYYAMKOD HOUSE, KAIRADY P.O., NENMMARA VIA, PALAKKAD DISTRICT. 2. SUNIL KUMAR V.,S/O.VELAYUDHAN P., PAYYAMKOAD HOUSE, KAIRADY P.O., NENMMARA VIA, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH SRI.V.C.MADHAVANKUTTY RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, NENMMARA POLICE STATION, PALAKKAD DISTRICT. 2. ARUNKUMAR, S/O T.V. RAMAKRISHNAN, PAYYAMKODE HOUSE, KAIRADY P.O., NENMMARA, PALAKKAD DISTRICT. 3. SATHEESH, S/O NARAYANANKUTTY, DO...........DO......... 4. KRISHNAN KUTTY, S/O UPPAYI, DO..........DO.............. ADV. SRI.V.SANTHARAM FOR R2,3 SRI.ANTO THOMAS FOR R2,3 SRI.LAKSHMEESH.S.KAMATH FOR R2,3 SR. GOVT. PLEADER SRI.BENJAMIN PAUL- R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 17475/08 APPENDIX PETITIONERS' EXTS. EXT.P1 - TRUE COPY OF DISCHARGE SUMMARY ISSUED FROM ELITE MISSION HOSPITAL, KOORKKANCHERY DATED 23.4.2008. EXT.P2 - TRUE COPY OF FIRST INFORMATION REPORT NO.141 DATED 29.2.2008 OF NENMMARA POLICE STATION. EXT.P3 - TRUE COPY OF COMPLAINT DATED 26.4.2008 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P4 - TRUE COPY OF RECEIPT DATED 26.4.2008 ISSUED BY THE 1ST RESPONDENT. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 17475 OF 2008-E ----------------------------------------- Dated 14th October, 2008. JUDGMENT Balakrishnan Nair, J. The petitioners have approached this Court, seeking protection to their lives, in view of the criminal activities of respondents 2 to 4 against them. The 1st petitioner's husband was brutally attacked by the said respondents with intention to kill him. He was admitted in the Elite Mission Hospital, Koorkkancherry. Ext.P1 is the wound certificate issued on his discharge on 23.4.2008,after treatment for about three weeks. Ext.P2 is the F.I.R registered in that crime. The petitioners submit, the party respondents are politically influential and they belong to the ruling party, which controls the police. Therefore, the crime was registered, including only minor offences, whereas they have committed the offence under Section 307 I.P.C. Even thereafter, the party respondents are after them and they are being threatened. So, WPC 17475/08 2 their lives are in danger. Therefore, the 1st petitioner preferred Ext.P3 petition before the police, seeking protection to her and her family members. The 2nd petitioner is her husband's brother. Alleging that the police are not taking effective action, this Writ Petition is filed, seeking appropriate reliefs. 2. The learned Government Pleader, upon instructions, submitted that the culprits were arrested and they were remanded to judicial custody by the learned Magistrate. Later, they were released on bail by the Sessions Court. The police maintained a picket in the locality for some time and there is regular police surveillance also. So, the police have taken effective action and the allegations to the contrary are unfounded, it is submitted. 3. Though notice was served, no one appeared for respondents 2 to 4. Having regard to the facts of the case, we feel that the police should take necessary steps to protect the lives of the petitioners. If there is any threat to their lives, they may inform the 1st respondent. In that event, the 1st respondent shall promptly look into the same and WPC 17475/08 3 extend necessary protection to their lives. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/