IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 24765 of 2011(U) -------------------------- PETITIONER(S): --------------- SABEENA, AGED 26 YEARS, W/O.FAIZAL.E.T., EDATHUMTHAZHA HOUSE, KAYANNA BAZAAR, PERAMBRA, KOZHIKODE-673 525. BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLIE (RURAL), VATAKARA, KOZHIKODE-673 101. 2. CIRCLE INSPECTOR OF POLICE, PERAMBRA POLICE STATION, KOZHIKODE-673 525. 3. SUB INSPECTOR OF POLICE, MANANTHAVADI POLICE STATION, WAYANAD-670 645. 4. SHAHID, S/O.KUNJABDULLA, NJIRIYAMBATH HOUSE, MARUDERY, PERAMBRA, KOZHIKODE-673 525. 5. SIRAJ.N.P., S/O.SOOPY, NJIRIYAMBATH HOUSE, KODERICHAL, PERAMBRA, KOZHIKODE-673 525. 6. GAFOOR.K.K., S/O.KASIM, KURIKKALKOLLY, CHEMBRA. PERAMBRA, KOZHIKODE-673 525. 7. SHAMEER, FATHER'S NAME NOT KNOWN TO THE PETITIONER, KOOLIKANDY HOUSE, CHAKITTAPPARA, PERAMBRA, KOZHIKODE-673 525. WP(C).No. 24765 of 2011(U) 8. ASEEZ, S/O.VEERANKUTTY, TALIYOTH HOUSE (KURIDICHIKANDY), MARUDERY, PERAMBRA, KOZHIKODE-673 525. BY ADV. SRI.C.R.SIVAKUMAR FOR R4TO8 SMT.M.K.LEELA FOR R4TO8 SRI.N.S.SUJITH KUMAR FOR R4TO8 SMT.SAJITHA P.SOMAN FOR R4TO8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24765 of 2011(U) APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1: TRUE COPY OF THE SUMMONS ISSUED. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A.TO JUDGE ami/ PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.24765 of 2011 ------------------------------- Dated this the 27th day of September, 2011. J U D G M E N T C.K.ABDUL REHIM, J. The averments in the writ petition are to the effect that, there exists some monetary dispute between the petitioner's husband, namely Mr.Faizal E.T. and respondents 4 to 8. It is stated that the petitioner's husband was abducted and carried away in a jeep from Bangalore, but he was rescued at Mananthavady Police Out Post. It is admitted in the writ petition that the petitioner's husband is the accused in two criminal cases, one registered at the CBI Court, Visakhapattanam and another case arising out of a complaint under Section 138 of the Negotiable Instruments Act, which is pending before the Judicial First Class Magistrate court, Perambra. It is further stated that, when the husband of the petitioner was rescued from the custody of respondents 4 to 8 at Mananthavady, he was handed over to police authorities at Perambra, since warrant was pending in the criminal case. It is further stated that, even though the petitioner's husband was remanded to judicial custody, he was 2 W.P.(C) No.24765 of 2011 released on bail subsequently. Complaint of the petitioner is that, respondents 4 to 8 are even now causing threats and intimidation to the life of the petitioner, her husband and children. It is stated that, even though she had approached respondents 2 and 3 seeking protection, no steps were taken. 2. Learned Government Pleader appearing on behalf of respondents 1 to 3, on the basis of instructions received submitted that, the petitioner's husband is accused in two cases and the Maananthavady police who had rescued the petitioner from the custody during the abduction had handed him to Perambra police. It is stated that, apart from the said incident, no evidence was received to the effect that respondents 4 to 8 are causing any threat or intimidation to the life of the family members. 3. Learned counsel for respondents 4 to 8 seeks time to file counter affidavit. But we are of the opinion that, the issue raised in this writ petition pertains only with respect to the alleged threat to the lives of the petitioner and her family members. We are sure that respondents 4 to 8 have no authority to take law into their own hands and to create any such threat to 3 W.P.(C) No.24765 of 2011 the lives of the petitioner and her family members. 4. Under the above mentioned circumstances, we dispose of the writ petition directing respondents 2 and 3 to keep vigil over the situation and to ensure that no threat to the life of the petitioner and her family members is caused either from the side of the respondents 4 to 8 or anybody acting under them. 5. It is made clear that this will not stand in the way of the investigating agency, proceeding with steps in the cases in which the petitioner's husband is implicated as accused. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/