IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 19704 of 2011(K) -------------------------------- PETITIONER(S): ------------------ SINU ABRAHAM,D/O.Y.ABRAHAM,KOLATH MANSION,PANDARACHIRA ROAD,K.P.VALLON ROAD, KADAVANTHRA,KOCHI-682020. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): ------------------- 1. THE SUB INSPECTOR OF POLICE,THEVARA POLICE STATION,THEVARA ERNAKULAM,KOCHI-682016. 2. THE CIRCLE INSPECTOR OF POLICE,CENTRAL POLICE STATION,ERNAKULAM,KOCHI-682035. 3. THE COMMISSIONER OF POLICE,KOCHI CITY, ERNAKULAM,KOCHI-682035. 4. THE DIRECTOR GENERAL OF POLICE, KERALA,THIRUVANANTHAPURAM-695001. 5. ALEX CHANDY,S/O.ANCY BENNY,NJAVALLAIL HOUSE,OPP.THABORE RETREAT CENTRE,KODUMPIDI, PALA,KOTTAYAM DISTRICT,PIN-686651. GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19704 of 2011(K) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P2:- TRUE COPY OF THE RECEIPT DATED 06/07/11 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT TO THE PETITIONER. EXT.P2(a):- TRUE COPY OF THE RECEIPT DATED 07/07/2011 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.19704 of 2011 ------------------------------------------------ Dated this the 28th day of July, 2011 JUDGMENT Pius C. Kuriakose, J In this Writ Petition under Article 226, the petitioner, a lady has approached this Court seeking issuance of directions to render police protection for her life and for the lives of her family members from the 5th respondent who is described as “the leader of a Goonda Gang”. On considering this Writ Petition for admission, we issued notice to the party respondent by special messenger. Though notice is served he has not turned up before this Court for resisting this Writ Petition. As directed by us Smt.C.M.Charisma got instruction from respondents 1 and 2. Smt.Charisma submitted that the petitioner did not appear before the police station and when the constable went over the petitioner's given residence to W. P. C. No.19704 of 2011 -2- procure the attendance of the petitioner in connection with the enquiry on the basis of Ext.P1 complaint submitted by the petitioner the petitioner could not be located. The learned counsel for the petitioner submitted that the stand taken by the police is not correct. The petitioner is a lady who has confined herself to her residential house for fear of the 5th respondent and the Goonda Gang. 2. Under the above circumstances, we direct the petitioner to be present in her given address at Kolath Mansion, Pandarachira Road, K.P.Vallon Road, Kadavanthra, Kochi-682020 between 10.00 a.m to 1.00 p.m on 1st August, 2011. First respondent or any other police officer duly authorised by him will go over to the petitioner's house during the above hours so that necessary questions can be asked to the petitioner regarding the correctness of what she has stated in Ext.P1 complaint submitted to the Commissioner of Police under copy to the first respondent. If W. P. C. No.19704 of 2011 -3- the petitioner maintains in the above enquiry also that there is threat to the lives of herself and her family members from 5th respondent and persons acting under him the first respondent will keep constant vigil over the house of the petitioner and ensure that no danger is caused to the lives of the petitioner and family members on account of the 5th respondent or persons acting under him. It is needless to mention that the first respondent shall procure the attendance of the 5th respondent at any rate for completion of the enquiry in connection with Ext.P1 petition. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.19704 of 2011 -4-