Aneesa vs District Police Chief
2021 Latest Caselaw 16581 Ker

WP(C) NO. 13169 OF 2021       1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                    WP(C) NO. 13169 OF 2021
PETITIONERS:

    1     ANEESA
          AGED 45 YEARS
          W/O.ABDUL SALAM, ASLAM MANZIL, THUMBAMONTHODI,
          MADATHARA P.O., CHITHARA, KOLLAM - 691541.

    2     AFSAL SALAM
          AGED 16 YEARS, S/O.ABDUL SALAM, ASLAM MANZIL,
          THUMBAMONTHODI, MADATHARA P.O., CHITHARA, KOLLAM -
          691541. (MINOR, REPRESENTED BY HIS MOTHER ANEESA,
          1ST PETITIONER)

    3     ASLAM SALAM
          AGED 19 YEARS, S/O.ABDUL SALAM, ASLAM MANZIL,
          THUMBAMONTHODI, MADATHARA P.O., CHITHARA,

          KOLLAM - 691541.

          BY ADVS.
          P.A.AHAMMED
          THOUFEEK AHAMED



RESPONDENTS:

    1     DISTRICT POLICE CHIEF
          KOLLAM RURAL, KOLLAM - 691 001.

    2     DEPUTY SUPERINTENDENT OF POLICE
          OFFICE OF DY. SUPERINTENDENT OF POLICE,
          KOTTARAKKARA, KOTTARAKKARA, KOLLAM-691 506.

    3     STATION HOUSE OFFICER
          CHITHARA POLICE STATION, CHITHARA P.O.,

          KOLLAM-691 559.

    4     ABDUL SALAM
          ASLAM MANZIL, THUMBAMONTHODI, MADATHARA P.O.,
          CHITHARA, KOLLAM PRESENTLY RESIDING AT GAFOOR
 WP(C) NO. 13169 OF 2021      2

          MANZIL, MANALETHUPACHA, THATTATHUMALA P.O.,
          THIRUVANANTHAPURAM - 695 614.

          BY ADV SASTHAMANGALAM S. AJITHKUMAR




          SMT K AMMINIKUTTY SR GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13169 OF 2021              3

                                  JUDGMENT

The 1st petitioner is the mother of petitioners 2 and 3. The 4th

respondent is the husband of the 1st petitioner and the father of petitioners 2

and 3. This writ petition is filed seeking issuance of directions to the

respondents 1 to 3 to afford protection to the life and property of the

petitioners from the threats being raised by the 4th respondent.

2. The petitioners contend that the relationship between the 1st

petitioner and the 4th respondent has become strained after marriage.

Numerous proceedings are pending between the spouses before the Family

Court Kottarakkara and the Gramanyayalaya, Chadayamangalam. The property

of the 4th respondent has been attached by the Family Court and in the

proceedings instituted under the Domestic Violence Act, the Gramnyayalaya

has interdicted the 4th respondent from physically and mentally harassing the

petitioners. It is contended that while proceedings were pending as aforesaid,

on 23.2.2021, the 4th respondent came in a car and mowed down, Sri. Yahiya

Mohammed, the father of the 1st petitioner, while he was walking along the

road together with the 2nd petitioner herein, who is a minor. Yahiya

succumbed to the injuries and serious injuries were sustained by the 2nd

petitioner. Crime No. 248 of 2021 of Kilimanoor police station was registered

inter alia for offences under Section 302 of the IPC and investigation is

pending. The 4th respondent has been enlarged on bail by the jurisdictional

court. The petitioners contend that on numerous occasions, the 4th

respondent as well as his relatives have threatened the petitioners herein with

physical harm and they fear for their lives. Faced with the threats, Ext.P6

complaint was preferred before the 3rd respondent. The grievance of the

petitioners is that the 3rd respondent is not taking any proactive steps to

protect their life and property. It is in the afore circumstances that the

petitioners are before this Court seeking reliefs.

3. A counter affidavit has been filed by the 4th respondent, wherein

it is stated that the incident which took place on 23.2.2021, leading to the

death of the father of the 1st petitioner was an accident. It is submitted that

the 4th respondent has been granted bail by the jurisdictional court and he has

been diligently complying with the conditions. It is stated that the 4th

respondent do not intend to threaten the petitioners or to cause them any

physical harm.

4. The learned Government Pleader on instructions submitted that

the complaint lodged by the petitioners has been received and all steps will be

taken to protect the life and property of the petitioners. It is further submitted

that if the 4th respondent threaten or harm the petitioners who are prime

witnesses in the murder case registered against the 4th respondent, this fact

would be brought to the notice of the court having jurisdiction and steps shall

be taken to cancel the bail granted to the 4th respondent.

5. I have considered the submissions advanced. Very serious

allegations are levelled against the 4th respondent who is accused of

murdering the father of the 1st petitioner. From the submissions made by Sri.

Thoufeek Ahamed, it appears that the petitioners are living in a constant state

of fear. Sri. Sasthamangalam S. Ajithkumar has asserted that the 4th

respondent shall not, in any circumstances, intimidate or threaten the

petitioners. The said submission is recorded. The 4th respondent shall not

employ any men or means to intimidate the petitioners or to threaten them,

and if the same is done and the assertions are found genuine, the 3rd

respondent shall intimate the fact to the investigating officer in Crime No.248

of 2021 of the Kilimanoor police station who shall take steps to cancel the bail

granted to the 4th respondent. Simultaneously, he shall ensure that no harm is

caused to the petitioners by the 4th respondent and all steps shall be taken to

ensure their safety.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 13169/2021

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF ORDER IN CMP NO.249/2020 IN MC 33/2020 DATED 8-07-2020 OF THE CHADAYAMANGALAM GRAMA NYAYALAY

Exhibit P2 TRUE COPY OF PETITION IN IA 2/2021 IN OP(OTHERS) NO. 77/2021 FILED BY THE 1ST PETITIONER DATED 11-2-2021

Exhibit P3 TRUE COPY OF ORDER DATED 12-2-2021 IN IA NO. 2/2021 IN OP(OTHERS) OF THE FAMILY COURT, KOTTARAKKARA

Exhibit P4 TRUE COPY OF FIR IN CRIME NO. 248/2021 OF KILIMANOOR POLICE STATION DATED 23-2-2021

Exhibit P5 TRUE COPY OF ORDER DATED 13-04-2021 IN CRLM.C NO.724/21 OF THE ADDITIONAL SESSIONS COURT(VACATION COURT), TRIVANDRUM

Exhibit P6 TRUE COPY OF COMPLAINT FILED BY PETITIONERS BEFORE THE 3RD RESPONDENT

Exhibit P7 TRUE COPY OF RECEIPT NO.

PTN/275/21/CHRA/03/06/21 DATED 3-6-2021

RESPONDENTS' EXHIBITS:

Exhibit R4(a) TRUE COPY OF MEDICAL RECORDS DT.23.2.21 OF THE SREE GOKULAM MEDICAL COLLEGE & RESEARCH FOUNDATION, VENJARAMOODU THIRUVANANTHAPURAM

Exhibit R4(b) TRUE COPY OF THE DISCHARGE SUMMARY DT.22.1.16 ISSUED BY THE KADUVAYIL THANGAL CHARITABLE TRUST HOSPITAL CHATHANPARA

Exhibit R4(c) TRUE COPY OF THE COMPLAINT DATED 17.04.2021 FILED BEFORE THE CHITHARA POLICE STATION WITH RECEIPT