IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 19646 of 2011(E) ---------------------------------------- PETITIONER(S): ------------------------ SHERIFF,S/O.KUNJUVEERAVU,AGED 33 YEARS, PUTHUVALPARAMBIL HOUSE,MUPPATHADOM.P.O, KODUNGALLUR VILLAGE,PARAVUR TALUK,ERNAKULAM. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, BINANIPURAM POLICE STATION,ERNAKULAM DISTRICT, PIN-682 030. 2. THE SUB INSPECTOR OF POLICE,BINANIPURAM POLICE STATION,ERNAKULAM DISTRICT,PIN-682 030. 3. THE INSPECTOR GENERAL OF POLICE, CENTRAL ZONE,ERNAKULAM,PIN-682 030. R1 TO R3 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19646/2011 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT WITH COPY TO THE FIRST AND SECOND RESPONDENTS DTD. 13/07/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 19646 of 2011 --------------------------------- Dated this the 26th day of July, 2011 JUDGMENT Pius C.Kuriakose,J. The petitioner has approached this court complaining that respondents 1 and 2 police officers are harassing him by deputing police constables to accompany him whenever and wherever he moves. According to him, unless two police officers who have been deputed for rendering protection to him at the behest the 3rd respondent I.G of Police reported that at his residence in the morning he is not permitted even to move out of the house. That amounts to harassment and torture under the pretext of giving police protection to the petitioner. The prayer is that the police protection granted to him may be withdrawn and the policemen who are escorting him and the members of his family may be withdrawn. 2. Sri.T.K.Vipindas, learned Government Pleader submitted that the petitioner was the first accused in crime No.469/2005 which is known as Kalamassery bus torching case. But later he WP(C).19646/2011 2 turned approver. Upon his turning approver he only requested for police protection complaining that Abdul Nazar Madhani and his wife Sufia Madhani are causing threat to lives of himself and family members. Effective police protection was afforded to him on 24 hour basis at his request only. Now that the petitioner himself has requested for withdrawal of police protection, respondents will not have any objection in withdrawing the police protection. 3. Sri.P.M.Siraj learned counsel for the petitioner disputed the submissions of Sri.Vipindas. Whatever be the truth of the matter, we allow the writ petition directing the respondents to withdraw the police protection which is currently being given to the petitioner. But we make it clear that this is being done at the risk of the petitioner who alone will be responsible for untoward incidents torching his safety in future. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C).19646/2011 3