IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 23069 of 2008(U) -------------------------- PETITIONER: ------------ SREELEKHA, AGED 42, W/O.VIJAYAKUMAR, ANJALI, PARAVOOR P.O. KOLLAM, PIN - 691 301, KOLLAM. BY ADV. SRI.S.SUDHISH KUMAR RESPONDENTS: ------------- 1. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, PARAVOOR, KOLLAM. 2. SUB INSPECTOR OF POLICE, PARAVOOR POLICE STATION, PARAVOOR, KOLLAM. 3. RADHAKRISHNA PILLAI @ UNNI, AGED ABOUT 37, NEETHU COMMUNICATIONS, OPP. SEETHA BAKERY, PARAVOOR. 4. SARASAN, AGED ABOUT 40, M.S.TRADERS, BLOCK MARAM JUNCTION, PUTHENKULAM, PARAVOOR. 5. SINI GOPAL @ NISSI, AGED ABOUT 56, AYILLIAM, KALLUMKUNNU VEEDU, KURUMANDAL, PARAVOOR. 6. SAJI, AGED ABOUT 32, CYBER TRACK, DIGITAL STUDIO, OPP. SNV BANK, PARAVOOR. BY ADV. SRI.V.VENUGOPALAN NAIR FOR R3 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.23069/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 16.7.2008. EXT.P2: COPY OF THE POSTAL RECEIPT DATED 23.7.2008. EXT.P3: COPY OF THE MEDICAL CERTIFICATE OF THE PETITIONER ISSUED BY DR.P.L.MAHALINGAM, NAVEEN HOSPITAL, PARAVOOR. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ------------------------------------- W.P.(C). No.23069 OF 2008 -------------------------------------- Dated this the 11th day of August, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner has approached this Court alleging that respondents 3 to 6 are threatening her with physical harm and the police is looking the other way though they were alerted by filing Ext.P1 representation. 2. The petitioner submits she borrowed an amount of Rs.50,000/- from the 3rd respondent. The said loan transaction was settled. But, the 3rd respondent is claiming some more interest. Since the petitioner refused to pay the same, the said respondent is employing respondents 4 to 6 to physically threaten and harass her. They are muscle men and are capable of doing anything. The petitioner's husband is abroad and therefore she is mortally afraid of respondents 3 to 6. She filed Ext.P1 W.P.(C) No.23069/2008 2 representation before the 2nd respondent, no action has been taken on it. Hence, this writ petition. 3. The learned Government Pleader, upon instruction, submitted that the police have strictly warned to the respondents 3 to 6 and have directed them to approach the civil court to recover the amount, if any, due from the petitioner. 4. The learned counsel appearing for the 3rd respondent submitted that the petitioner has issued a cheque for the amount owed by her to him and the same bounced. Therefore, he has moved the competent court for the offence committed by her under Section 138 of the Negotiable Instrument Act. He denies the allegations of physical threat and violence. He proposes to proceed against her, in accordance with law, to recover the amount due to him, it is submitted. The above submission is recorded. If there is any threat or violence from the part of the respondents 3 to 6, the petitioner W.P.(C) No.23069/2008 3 may inform the 2nd respondent. In that event, the 2nd respondent shall promptly interfere and render necessary protection to her. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps