IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 17405 of 2008(V) -------------------------- PETITIONER: ------------ GOPALAKRISHNAN, S/O.NARAYANAN, NISHAS, KAREELAKULANGARA PO., KANDHALLOOR VILAGE, ALAPPUZHA BY ADV. SRI.J.DEVADANAM ADV.VINOD J.DEV. ADV.PAMOD J.DEV. RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF HOME, STATE SECRETARIAT, THIRUVANANTHAPURAM 2. THE DEPUTY SUPERINTENDENT OF POLICE, KAYAMKULAM 3. S.I. OF POLICE, KAREELAKUNANGARA, ALAPPUZHA 4. RANJITHKUMAR, S/O.VISWAMBARAN, VISWABHAVANAM, CHINGOLI PO., CHINGOLI VILLAGE CHINGOLI MURI. 5. RAJESH, S/O. VISWAMBARAN, DO. DO. 6. VISWAMBHARAN, DO.DO. BY ADV. SRI.B.RENJITHKUMAR FOR R4 & R6 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.17405/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF REPRESENTATION DT.30.5.2008 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P2: COPY OF RECEIPT ON EXT.P1 ISSUED BY THE 3RD RESPONDENT. EXT.P3: COPY OF REPRESENTATION DT.31.5.2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4: COPY OF ORDER DT.16.4.2008 IN C.M.P.NO.1721/2008 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-1, HARIPPAD. EXT.P5: COPY OF CAVEAT PETITION FILED BY THE 6TH RESPONDENT BEFORE THE FAMILY COURT, ALAPPUZHA. EXT.P6: COPY OF PETITION O.P.NO.472/2008 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ALAPPUZHA. RESPONDENT'S EXTS: EXT.R4(a): COPY OF THE ORDER DT.27.2.2008 IN C.M.P.NO.1190/2008 OF THE J.F.C.M.-1, HARIPPAD. EXT.R4(b): COPY OF THE ORDER DT.8.5.2008 IN C.M.P.NO.1933/2008 OF THE J.F.C.M.-1, HARIPPAD. EXT.R4(c): COPY OF ORDER DT.1.4.2008 IN BAIL APPL.NO.1792/2008 OF THIS HON'BLE COURT. EXT.R4(d): COPY OF LAWYER NOTICE DT.18.3.2008 ISSUED BY THE 5TH RESPONDENT THROUGH HIS LAWYER TO THE PETITIONER. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. --------------------------------------------------- W.P.(C) No.17405 OF 2008 ------------------------------------ Dated this the 25th day of June, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner has approached this Court alleging that respondents 4 to 6 have engaged hired musclemen to kill him and his family members. Though the police were alerted about the same they have not taken any effective action. The 5th respondent was the petitioner's son-in-law. The 4th respondent is the brother of the 5th respondent and the 6th respondent is his father. Petitioner's daughter, who was the wife of the 5th respondent, met with an unnatural death within 30 days of her marriage in the matrimonial home. So he moved the police complaining about her death and therefore a crime has been registered against the respondents 4 to 6 under Section 498-A of the Indian Penal Code. Infuriated by the said action from the part of the petitioner, the party respondents have engaged musclemen to do away with the petitioner and his family members. Therefore, he prays for necessary protection to his life. 2. The learned Government Pleader, upon instructions, submitted that the petitioner is afraid of respondents 4 to 6 and so, W.P.(C) No.17405/2008 2 he is in the habit of sending petitions to all authorities, alleging that he may be killed by them. According to the police, the apprehension of the petitioner is unfounded. The respondents 4 and 6 pointed out that the 5th respondent has already left for gulf and they have no plan, whatsoever, to harm the petitioner. They denied the allegations that they are engaging musclemen to attack the petitioner and his family members. 3. We record the submission of the respondents 3 to 6 that they have no plan to threaten or harm the petitioner or his family members. If the above submission is violated, the petitioner may bring it to the notice of the 3rd respondent. In that event, the 3rd respondent shall enquire into the same and take appropriate action as the occasion demands. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps