Antony Babu vs Deputy Superintendent Of Police

Citation : 2022 Latest Caselaw 8832 Ker
Judgement Date : 7 July, 2022

Kerala High Court
Antony Babu vs Deputy Superintendent Of Police on 7 July, 2022
              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                         WP(C) NO.18042 OF 2022
PETITIONER :-

             ANTONY BABU, AGED 42 YEARS
             S/O.THOMAS VARGHESE, KAKKARAMPARAMBU VEETIL,
             RAMANKARY VILLAGE, RAMANKARY P. O.,
             ALAPPUZHA - 689 595.

             BY ADVS.
             MANU HARSHAKUMAR
             GOVIND CHANDRABHANU
             ADARSH S.
             MARY ANN SAJI
             RAJMOHAN C.V.


RESPONDENTS :-

     1       THE DEPUTY SUPERINTENDENT OF POLICE
             ALAPPUZHA, DYSP OFFICE, ALAPPUZHA - 688 003.

     2       THE STATION HOUSE OFFICER
             RAMANKARY POLICE STATION, RAMANKARY,
             ALAPPUZHA - 689 595.

     3       RAJEEV
             S/O.RAGHAVAN, MUTTASSERY HOUSE, WARD 12,
             RAMANKARY PANCHAYAT, ALAPPUZHA - 689 595.

     4       SUBHI
             S/O.SUKUMARAN, MANNATHUMTHARA, WARD 12,
             RAMANKARY PANCHAYAT, ALAPPUZHA - 689 595.

     5       REGUNATHAN
             S/O.SUGHUNAN, OMPATHILCHIRA, WARD 12,
             RAMANKARY PANCHAYAT, ALAPPUZHA - 689 595.

           BY SRI.T.K.SHAJAHAN, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.07.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.18042 OF 2022

                                   -: 2 :-


                               JUDGMENT

Dated this the 7th day of July, 2022 This writ petition is filed seeking the following reliefs :-

"i. Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 and 2 to provide adequate, substantial and effective police protection to the life and property of the petitioner and his family.
ii. Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 and 2 to take action under the Exhibit P1 complaint made by the petitioner and to act upon the same within specified time limit, in the interest of justice."

2. Heard the learned counsel for the petitioner and the learned Government Pleader. Though notice was duly taken out to respondents 3 to 5, there is no appearance for the said respondents.

3. The learned counsel for the petitioner submits that on account of the suicide committed by the 3 rd respondent's wife, respondents 3 to 5 are harassing and threatening the petitioner.

4. The learned Government Pleader submits that the 3 rd respondent is no longer in station and that on investigation conducted by the police, there does not appear to be any threat to the life of the petitioner.

WP(C) NO.18042 OF 2022 -: 3 :-

5. The learned counsel for the petitioner, however, submits that there are still threats to the life of the petitioner and that the petitioner apprehends that respondents 3 and 5 will attack him.

In the above view of the matter, this writ petition is closed with a direction that in case the petitioner faces any overt acts from respondents 3 to 5 or anybody claiming through them, the petitioner may approach the Station House Officer, who shall then afford adequate protection to the life of the petitioner.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/11.7.2022 WP(C) NO.18042 OF 2022 -: 4 :- APPENDIX OF WP(C) 18042/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT FILED BY PETITIONER BEFORE 2ND RESPONDENT DATED 24.05.2022. Exhibit P2 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT.