IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Con.Case(C).No. 280 of 2010(S) ------------------------------ AGAINST THE JUDGEMENT IN WPC.26384/2009 Dated 25/09/2009 .................... PETITIONER(S): PETITIONERS IN WPC NO.26384/2009 ----------------------------------------------- 1. SANJAY, S/O.LATE VISWANATHAN, MANCHU NIVAS, PADINJATTINKARA WARD, KOTTARAKKARA P.O., KOTTARAKKARA. 2. SANJU, S/O.LATE VISWANATHAN, MANCHU NIVAS, PADINJATTINKARA WARD, KOTTARAKKARA P.O., KOTTARAKKARA. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): 2ND RESPONDENT IN WPC NO.26384/2009 -------------------------------------------------- PRADEEPKUMAR, AGED 43 YEARS, FATHER'S NAME NOT KNOWN, CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA. BY SR. GOVERNMENT PLEADER SMT.K.MEERA FOR R1 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.CHELAMESWAR, C.J. & P.N.RAVINDRAN, J. ------------------------------- Contempt Case No.280 of 2010 ------------------------------- Dated this the 23rd day of July, 2010 J U D G M E N T Ravindran, J. Heard the learned counsel appearing for the petitioners and the learned Senior Government Pleader appearing for the respondent. 2. The instant contempt case is filed alleging that the respondent herein, Circle Inspector of Police, Kottarakkara, has failed to comply with the direction issued by this Court in Annexure-A1 judgment delivered on 25.9.2009 in W.P.(C) No.26384 of 2009. The main allegation is that notwithstanding the directions issued by this Court in the aforesaid judgment, on account of the inaction on the part of the respondent, the party respondents in the writ petition and another person attacked the petitioner. 3. The respondent herein has sworn to an affidavit dated 1.3.2010. Paragraphs 2 to 9 thereof reads as follows:- 2. It is submitted that, on 29.12.2009 Mr.Raveendran Pillai, Ambalathu Veedu, COC.No.280/2010 2 Kottarakkara, entered into the petitioners property with the help of Sasi, Vijayakumar, Radhakrishnan and Anil and abused him. In this connection they submitted a petition before me on 30.12.2009 and registered a Cr.2185/09 U/s 447, 294(b) 506(i) IPC against the accused persons. After the investigation it is revealed that Mr.Raveendran Pillai committed the crime. Hence the case was charge sheeted against him before the Honourable JFMC I Kottarakkara on 6.1.2010. 3. It is submitted that, on 14.1.2010 15.30 hrs, Rtd. High School Head Master Sri. Vijayakumar S/o.Appukuttan Nair, Sruthiyil, Kairali Nagar, Padinjattinkara, Kottarakkara, Kollam Disrict filed a complaint against the petitioners. As per his statement, Cr. 125/2010 U/s 447, 294(b), 506(ii) r/w Sec 34 IPC was registered against the petitioners. The case is that the petitioners entered into the property with an iron rod and abused him due to the previous enmity. After the investigation this case was charge sheeted on 27.1.2010 against the petitioners. 4. It is submitted that, on 11.2.2010 assault intimation received at Kottarakkara police station from the District Hospital Kollam that the petitioners were admitted there due to an assault. A case Cr. 343/10 U/s 341, 294(b), 323, 324, 452, 379, 506(i) and r/w Sec 149 IPC was registered based on their statement. As per First Information Statement, on 8.2.2010 6 PM the petitioners were attacked by their neighbours Ajith Kumar, Vijayakumar, Radhakrishnan, Sasi and 2 identifiable persons. They jointly entered into the house of the COC.No.280/2010 3 petitioners and attacked them due to the previous enmity. On investigation it is revealed that the petitioners were coming on a bike on 8/2/10 by 6 pm. When they were near Kottarakkara railway station Ajithkumar @ Kuttan, Unnikrishnan Nair and Rajeev were stated as identifiable accused persons were coming in an auto rickshaw. All of them are acquaintants. I came to know that the petitioners were students of the sister of one of the accused Ajithkumar. They called petitioners and later there was a heated exchange between them. Both quarreled while traveling and finally petitioners went home. Ajithkumar @ Kuttan and Unnikrishnan Nair followed them to their house and trespassed into the courtyard and abused them. They also destroyed some flower pots etc. in front of the house. Later after investigation, the Sub Inspector of Police, the Investigation Officer deleted Section 452 and 379 IPC and Vijayakumar, Sasi, Radhakrishnan and Rajeev from the list of accused. The other two accused were arrested and granted bail. 5. It is submitted that, the scene mahazar of the case was prepared in the presence of the petitioners mother and they are residing there without any threat. 6. On 25.2.2010 Smt.Deepthi, Pulariyil Veedu, Kizhakkekara, Kottarakkara, has filed petition at Kottarakkara police station against the petitioners. The matter is that the petitioners took her photographs through mobile phone camera without her consent. This petition was registered at Kottarakkara police station on 25.2.2010 as petition No.173/PTN/2010 D1 and enquired about the COC.No.280/2010 4 matter and it is revealed that the petition matter is correct. 7. The petitioner Sri.Sajju filed an appliation before the District Collector, Kollam, for obtaining fresh Arms licence and the same was forwarded to me through Supdt. of Police Kollam (Endt. No.E1-6766/10/Q dated 9/2/10) for enquiry and report. But this application was rejected. 8. It is respectfully submitted that, on enquiry about the incidents the following facts are revealed. Petitioners family settled in this area from 1985. In 1990 there was a dispute between the petitioner's family and neighbours regarding the dead duck. Later there was another dispute regarding a dead rat snake. Again another dispute regarding the pathway, which was settled by the intervention of local politicians. In short for the last 20 years ie. from 1990 onwards petitioner's family and their neighbours are not in good relation. This area is a small locality which contains 10 houses on both sides of a small road about 200 mtrs stretch starting from NH 208 and ends in front of a house. Among them two houses belong to Ezhava community; one rented by Christian lady bank employee and all other houses belong to Nair families. Almost all families belong to serving/Retired Govt. Servants/Advocates and they are living in harmony except this petitioners. 9. It is submitted that, at present there is no law and order situation. Police acted promptly and investigated the allegations impartially. The allegation of the petitioners are false and against the facts. The Police is COC.No.280/2010 5 keeping vigil in the area. The locality is near to the Police Station. I am always following all the directions given by this Honourable Court. I shall provide all kinds of protection to the petitioners as ordered by the Court.” 4. It is evident from the affidavit filed by the respondent that he had afforded necessary protection to the petitioners and that he is continuing to afford such protection. The alleged incident on 8.2.2010 occurred when the petitioners in the writ petition were riding a bike. As the petitioners were attacked on the road, at a time when they were away from their residence, the respondent cannot be faulted for having failed to afford police protection. The direction issued by this Court was to afford police protection, in case there is threat to the life of the petitioners, if they approach the Circle Inspector of Police. 5. In the light of the facts stated in the counter affidavit filed by the respondent, we see no justification to proceed against the respondent under the Contempt of Courts Act. Further, the petitioners have already filed W.P.(C) No.5573 of 2010 seeking further orders of police protection based on COC.No.280/2010 6 subsequent events and the said writ petition is still pending. The contempt case is accordingly closed without prejudice to the right of the petitioners to prosecute W.P.(C) No.5573 of 2010. J.CHELAMESWAR, Chief Justice P.N.RAVINDRAN, Judge. nj.