IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
WP(C) NO. 25121 OF 2019
PETITIONERS:
NAFEESA
AGED 49 YEARS
W/O.ALIYAR, KULANGARAKATH(H),
KOORACHUNDU, PIN-673527.
BY ADV N.K.MOHANLAL
RESPONDENTS:
1 DIRECTOR GENERAL OF POLICE,
POLICE HEAD QUARTERS, TRIVANDRUM, PIN-695004.
2 CITY POLICE COMMISSIONER,
KOZHIKODE, PIN-673004.
3 DEPUTY SUPERINTENDENT OF POLICE,
NADAPURAM, PIN-673504.
4 SUB-INSPECTOR OF POLICE,
KOORACHUNDU POLICE STATION, PIN-673527.
5 ANWAR SADATH,
AGED 38 YEARS, S/O.MOHAMMED, PERAYIL HOUSE, PUTHANANGADI,
ANGADIPURAM VIA, MALAPPURAM DISTRICT, PIN-679321.
BY ADVS.
SRI.P.SAMSUDIN
SRI.M.ANUROOP
SMT.S.K.SREELAKSHMY
SRI.N.B. SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, ALONG WITH WP(C).22147/2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.25121/2019 & 22147/2019
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
WP(C) NO. 22147 OF 2019
PETITIONER:
JOSE THOMAS
AGED 38 YEARS
S/O. THOMAS, FLAT NO.1,
DAMODAR APARTMENTS,
KUNNATHU LANE THRISSUR.
BY ADV V.VENUGOPALAN NAIR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.
2 THE DIRECTOR GENERAL OF POLICE,
(STATE POLICE CHIEF), POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM 695 001.
3 THE CITY POLICE COMMISSIONER
KOCHI CITY 682 031. ERNAKULAM.
4 THE ASSISTANT COMMISSIONER
OF POLICE, THRIKKAKARA 682 021.
ERNAKULAM.
5 THE CIRCLE INSPECTOR
(SHO OF POLICE),
THRIKKAKKARA POLICE STATION,
ERNAKULAM 682 021.
WP(C) Nos.25121/2019 & 22147/2019
3
6 THE DEPUTY COMMISSIONER OF POLICE,
LAW AND ORDER, KOCHI CITY, 682 031,
ERNAKULAM.
7 ANWAR SADATH,
AGED 38 YEARS
S/O. MOMOHAMMED, PERAYIL HOUSE,
PUTHENANGADI, MALAPPURAM DISTRICT 679 321.
BY ADVS.
SRI.P.SAMSUDIN
SRI.M.ANUROOP
SMT.S.K.SREELAKSHMY
SRI. MABLE C.KURIAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, ALONG WITH WP(C).25121/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.25121/2019 & 22147/2019
4
P.V.KUNHIKRISHNAN, J.
===================
WP(C) Nos.25121/2019 & 22147/2019
===================
Dated this the 1st day of July 2021
JUDGMENT
[WP(C) Nos.25121/2019 and 22147/2019] These writ petitions are connected and therefore, I am disposing these writ petitions by a common judgment.
2. These writ petitions were filed by the petitioners apprehending threats from the party respondents. 7 th respondent in WP(C) No. 22147 of 2019 and 5 th respondent in WP(C) No. 25121 of 2019 are one and the same. According to the petitioners, there is a threat to the life of the petitioners from the contesting respondents.
3. When these writ petitions came up for consideration, the learned counsel for the petitioner in both WP(C) Nos.25121/2019 & 22147/2019 5 the cases submitted that, even now there is a threat to the life of the petitioners from the contesting respondents.
4. The learned Government Pleader on instructions submitted that, there is a criminal case pending against the husband of the petitioner in WP(C) No. 25121 of 2019 and the brother of the petitioner in WP(C) No. 22147 of 2019 as crime No. 247/2019 in Perumthurai police station, Tamil Nadu. The learned Government Pleader submitted that, these writ petitions are filed to help the accused in the above case. There is no threat to the petitioners as alleged in the above writ petitions.
5. It is an admitted fact that, these writ petitions are filed in 2019. There is no interim order passed in these writ petitions at the time of admission or subsequently. Therefore, it is clear that, there is no threat to the life of the petitioner as alleged in the above writ petitions. But, I make it clear that, if there is any threat to the petitioners from the contesting respondents in future, the petitioners are free to WP(C) Nos.25121/2019 & 22147/2019 6 approach the jurisdictional Station House Officer concerned. If such a representation is received, the jurisdictional Station House Officer concerned will do the needful. I make it clear that, if there is any criminal offence committed by the petitioners or their relatives, the police can proceed in accordance to criminal procedure code and Police Act.
With these observations, these writ petitions are closed.
(Sd/-) P.V.KUNHIKRISHNAN JUDGE LU WP(C) Nos.25121/2019 & 22147/2019 7 APPENDIX OF WP(C) 22147/2019 PETITIONER ANNEXURE EXHIBIT P1 A TRUE COPY OF THE COMPLAINT DATED 7.9.19 SUBMITTED BY THE PETITIONER BEFORE THE ACP, THRIKKAKKARA.
EXHIBIT P1 A TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 4TH RESPONDENT TOWARDS EXT P-1 DATED 7.9.19.
WP(C) Nos.25121/2019 & 22147/2019 8 APPENDIX OF WP(C) 25121/2019 PETITIONER ANNEXURE EXHIBIT P1 A TRUE COPY OF THE CAUSALITY OP TICKET NO.42637 OF CHILD BY NAME SHEHA AFIN DATED 5.7.2019 ISSUED FROM THE TALUK HOSPITAL PERAMBRA.
EXHIBIT P1 A TRUE COPY OF THE CASUALITY OP TICKET NO.42639 OF CHILD BY NAME MUHAMMED ABIR DATED 5.7.2019 ISSUED FROM THE TALUK HOSPITAL PERAMBRA.
EXHIBIT P1 A TRUE COPY OF THE CASUALITY OP TICKET NO.42634 OF NAFEESA ALIYAR DATED 5.7.2019 ISSUED FROM THE TALUK HOSPITAL PERAMBRA.
EXHIBIT P1 A TRUE COPY OF THE CASUALITY OP TICKET NO.42635 OF ANSINA DATED 5.7.2019 ISSUED FROM THE TALUK HOSPITAL PERAMBRA. EXHIBIT P1 A TRUE COPY OF THE CASUALITY OP TICKET NO.42636 OF CHILD BY NAME SONU SELVAN DATED 5.7.2019 ISSUED FROM THE TALUK HOSPITAL PERAMBRA.
EXHIBIT P2 A TRUE COPY OF THE COMPLAINT DATED 4.7.2019 ISSUED BY PETITIONER BEFORE SUB INSPECTOR OF POLICE.
EXHIBIT P3 A TRUE COPY OF THE RECEIPT DATED 5.7.2019 ISSUED BY KORACHUNDU POLICE STATION.
EXHIBIT P4 A TRUE COPY OF THE PETITION DATED WP(C) Nos.25121/2019 & 22147/2019 9 29.8.2019 ISSUED BY PETITIONER BEFORE DYSP, NADAPURAM.
EXHIBIT P5 A TRUE COPY OF THE RECEIPT DATED 31.8.2019 ISSUED BY NADAPURAM SDPO.
// True Copy //
PA to Judge