IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 23737 of 2008(A) -------------------------- PETITIONER: --------------- BOBBY KURUVILLA, AGED 39, S/O. LATE K.C. KURUVILA, KARUVELITHARA HOUSE, MITHRAKKARI.P.O, ALAPPUZHA DISTRICT. BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE, KERALA STATE, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. SUB INSPECTOR OF POLICE, RAMANKARY POLICE STATION, ALAPPUZHA. 4. SRI TOMIN THACHANKARY (IPS), THACHANKARY HOUSE, THAMMANAM POST, KOCHI - 682 032. 5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 & R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.23737/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF ORDER ISSUED FROM THE OFFICE OF THE HOME SECRETARY DATED 10.6.94. EXT.P2: TRUE COPY OF THE JUDGMENT OF THIS COURT IN W.P.(C)No. 36179/05. EXT.P3: TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE HOME SECRETARY, STATE OF KERALA DATED 19.9.06. EXT.P4: TRUE COPY OF THE STATEMENT GIVEN BY THE PETITIONER AND RECORDED BY THE INVESTIGATION OFFICER DATED 9.3.07. EXT.P5: TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE INSPECTOR GENERAL OF POLICE, CENTRAL ZONE, ERNAKULAM DATED 16.7.07. EXT.P6: TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA DATED 4.10.07. EXT.P7: TRUE COPY OF THE STATEMENT RECORDED BY THE ASI, SPECIAL BRANCH CID DETACHMENT, DATED 25.10.07. EXT.P8: TRUE COPY OF THE STATEMENT RECORDED BY THE DY.S.P., ALAPPUZHA DATED 10.2.08. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.23737 OF 2008 A ----------------------------------------------------- DATED THIS THE 13th DAY OF NOVEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner apprehends threat to his life from the 4th respondent, who is an Inspector General of Police. At the instance of the 4th respondent, unknown persons, identifiable by sight are threatening him, it is submitted. The petitioner is residing in a remote area. There is no one in his neighbourhood. If something happens to him or his family members, no one will be available in the vicinity to help him. The petitioner has moved the police authorities and the Government pointing out the various instances of threat of violence against him at the instance of the 4th respondent. But, he submits, police are not taking any effective action as the opposite party involved is an I.G. of Police. 2. The learned Government Pleader upon instructions submitted that the apprehensions of the petitioner are unfounded. At present there is no threat to his life from any quarters. The allegations made against the 4th respondent have W.P.(C)No. 23737/08 -2- no factual foundation. But, the learned Government Pleader submitted that, if the petitioner apprehends any genuine threat to his life, he may move the 3rd respondent. In that event, the 3rd respondent shall take appropriate action, as the occasion demands to protect his life. This submission is recorded and the Writ Petition is disposed of. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn