IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 16750 of 2011(P) -------------------------------------- PETITIONER: ------------------- SHIBU THOMAS, AGED 42, S/O.LATE K.P.THOMAS, KALAPURACKAL HOUSE, ATHANI P.O., NOW RESIDING AT C/O.STENCILAVOSE BHAVAN, CHERUMKAVALA, KIDANGOOR P.O., ANGAMALY, ERNAKULAM DISTRICT, PIN-683 572. BY ADV. SRI.P.SHAIJAN JOSEPH. RESPONDENTS: ------------------------ 1. SUPERINTENDENT OF POLICE (RURAL), ALUVA, ERNAKULAM DISTRICT, PIN-693 101. 2. CIRCLE INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ANGAMALY, PIN-683 572. 3. SUB-INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ANGAMALY, PIN-683 572. 4. MATHEW THOMAS, PROPRIETOR, J.M.J.MODERN RICE MILL (RANI GROUP OF COMPANIES) ARPUKKARA WEST P.O., KOTTAYAM, PIN-686 008. R1 TO R3 BY GOVT. PLEADER SMT. C.M. CHARISMA, R4 BY ADV. SRI.LIJI.J.VADAKEDOM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16750/2011-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMPLAINT DTD. 14/06/2011 SUBMITTED BY THE PETITIONER TO R.2. EXT.P.2: COPY OF THE COMPLAINT DTD. 14/06/2011 SUBMITTED BY THE PETITIONER TO R.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. PIUS.C.KURIAKOSE & P.BHAVADASAN, JJ. -------------------------------------------------------- WP(C) No.16750 of 2011 -------------------------------------------------------- Dated this, the 6th day of July 2011 Judgment Pius.C.Kuriakose, J. The fourth respondent entered appearance through counsel and sought time to file counter affidavit. The learned Government Pleader submitted that she is having clear instructions from the official respondents regarding the allegations in the writ petition. Hence we are not inclined to grant time. 2. This writ petition is filed by the petitioner, seeking the following reliefs : i. Issue a writ of mandamus or any other writ, order or direction directing the respondents 1 to 3 to render adequate police protection to the life of the petitioner and his family members. ii. To direct respondents 1 and 2 to take immediate action against the 4th respondent on the basis of Exts.P1 and P2 representations submitted by the petitioner.” WP(C) 16750/11 2 3. Upon instructions received from the official respondents, the learned Government Pleader submitted that the petitioner was working as a Sales Representative under the fourth respondent, who was the proprietor of J.M.J.Modern Rice Mill. There was an allegation by the fourth respondent that the petitioner misappropriated funds belonging to him. On the complaint so filed by the fourth respondent before the Police, the presence of the petitioner was requested. The petitioner, in turn, complained to the police that there is a threat to his life from the fourth respondent. The fourth respondent stated that he only wants to recover the amounts that are lawfully due from the petitioner. The police advised the fourth respondent to have recourse to the legal process for recovering the amount, if any, due from the petitioner. Crime No.19/11 has been registered by the Gandhi Nagar Police Station on the basis of the complaint filed by the fourth respondent. The above said crime is under investigation. If it becomes necessary to arrest the petitioner, he will be arrested only WP(C) 16750/11 3 in accordance with the provisions of Sections 41(1)(a) to 41(1)(d) of the Code of Criminal Procedure. The writ petition is dismissed subject to the above observations. PIUS.C.KURIAKOSE, JUDGE P.BHAVADASAN, JUDGE sta WP(C) 16750/11 4