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 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 21612 of 2011(B) -------------------------------- PETITIONER(S): ------------------ VARGHESE BABU,S/O.BABU, KUDIYIRIPPIL HOUSE,MATTOOR VILLAGE, ALUVA TALUK, PIN 683 574. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): ------------------- 1. THE SUPERINTENDENT OF POLICE ERNAKULAM RURAL,ALUVA PIN 683 574. 2. SUB INSPECTOR OF POLICE KALADY, PIN 683 574. 3. SHAJI N, NAYANATTUPARAMBIL HOUSE, PUITHIYEDAMKARAYIL,KIZHAKKUMBHAGAM VILLAGE, PARAPPURAM P.O, KANJOR, PIN 683 593. 4. ABIN SHAJI,S/O.SHAJI, NAYANATTUPARAMBIL HOUSE, PUITHIYEDAMKARAYIL,KIZHAKKUMBHAGAM VILLAGE, PARAPPURAM P.O, KANJOR, PIN 683 593. GOVT. PLEADER SRI.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21612 of 2011(B) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE FIR IN CRIME NO.652/11 DT.07/07/11 OF KALADY POLICE STATION. EXT.P2:- TRUE COPY OF THE FIR IN CRIME NO.649/11 DT.07/07/11 OF KALADY POLICE STATION. EXT.P3:- TRUE COPY OF THE PETITION DATED 25/07/11 SUBMITTED TO THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.21612 of 2011 ------------------------------------------------ Dated this the 18th day of August, 2011 JUDGMENT Pius C. Kuriakose, J This Writ Petition is filed by an 18 year old student waiting for his admission to Degree course seeking protection for his life from any attack or threat from respondents 3 and 4 who are stated to be student activists of the Sree Sankara College situated at a distance of 1 kilometre away from his residence. The submission of the counsel for the petitioner at the time when this Writ Petition was considered for admission was that the police have implicated him in Crime No.649/11 of Kalady Police Station on the basis of certain basically wrong information furnished by the 4th respondent through Ext.P2(5) statement. It was submitted that information given under Ext.P2(5) that the W. P. C. No.21612 of 2011 -2- petitioner is a student of Sree Sankara College is wrong as the petitioner has never studied in Sree Sankara College. We directed the learned Government Pleader to seek instructions from the second respondent as to whether there is any substance in this identity dispute raised by the petitioner. The learned Government Pleader submitted that it was due to a genuine mistake of the 4th respondent (who was questioned again) that the petitioner was described as a student of Sree Sankara College. The further statement recorded from the 4th respondent has been filed. But the fact remains that the petitioner is accused No.1 in the above crime notwithstanding the mistake committed by the 4th respondent in describing him as student of Sree Sankara College. The learned Government Pleader submitted that the petitioner is on bail in that case. The question which we are called upon to decide is whether that there is justification for issuing police protection directions in respect of W. P. C. No.21612 of 2011 -3- apprehended threat and assault from respondents 3 and 4 to the petitioner. The learned Government Pleader submitted in this connection that Ext.P3 has never reached the hands of the second respondent, but a complaint similar to Ext.P3 was submitted by a friend of the petitioner Sri.Gee Varghese. Action was taken on that complaint and Sri.Gee Varghese as well as respondents 3 and 4 were summoned to the Police Station. Petitioner was also summoned. The above issue was actually settled in the police station. According to the learned Government Pleader at the moment there is no law and order situation warranting issuance of police protection direction in favour of the petitioner. The learned Government Pleader assured us that in case in future any complaint or petition is received from the petitioner complaining of any apprehended threat or assault from respondent Nos.3 and 4 or for that matter anybody else prompt action will be taken on the same. We record all the W. P. C. No.21612 of 2011 -4- submissions of the learned Government Pleader and dispose of the Writ Petition directing the second respondent to take immediate action if and when any petition or complaint is received from the petitioner complaining of any threat to his life or limbs from respondents 3 and 4 or anybody else. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-