Megha Sajeev vs State Of Kerala
2021 Latest Caselaw 18177 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                       WP(C) NO. 13409 OF 2021
PETITIONER:

          MEGHA SAJEEV,AGED 22 YEARS
          D/O.SAJEEV P.S., MEGHA BHAVAN, MARIYAPPALLY P.O.,
          NATTAKAM, KOTTAYAM

          BY ADVS.
          ABDUL JALEEL.A
          M.A.SULFIA
          M.J.PAVU


RESPONDENTS:

    1     STATE OF KERALA
          REP. BY SECRETARY, HOME DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM 691 601

    2     THE DIRECTOR GENERAL OF POLICE
          ROOM NO.532, 3RD FLOOR, SOUTH SANDWICH BLOCK,
          SECRETARIAT, THIRUVANANTHAPURAM, KERALA

    3     THE DISTRICT POLICE CHIEF
          DISTRICT POLICE OFFICE, KOTTAYAM DISTRICT 686 001

    4     THE STATION HOUSE OFFICER
          CHINGAVANAM POLICE STATION, CHINGAVANAM, KOTTAYAM

    5     ABIJITH MOHAN
          AGED 23 YEARS,S/O.CHANDRANMOHAN, CHAMAPPARAMBIL HOUSE,
          KORATTIKUNNAMPURAM, THIRUVANJOOR P.O., MANARKADU
          VILLAGE, KOTTAYAM 686 019

          BY ADVS.
          SRI E.C BINEESH- GOVERNMENT PLEADER
          SUNNY XAVIER
          C.P.PRETTY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13409 OF 2021
                                       2




                                 JUDGMENT

The petitioner has approached this Court alleging that the 5 th

respondent is harassing and intimidating her through various methods.

The petitioner says that since she has no relationship with the 5 th

respondent whatsoever and she does not want him to even come near

her, she preferred Ext.P4 request before the 3rd respondent - District

Police Chief, Kottayam, seeking protection, but that no action was

taken thereon, thus constraining her to approach this Court.

2. The petitioner, therefore, prays that respondents 3 and 4

be directed to afford her adequate and effective protection from the 5 th

respondent, who she alleges is capable of doing anything, including

illegal activities.

3. The afore submissions of the petitioner, as made by her

learned counsel - Smt.Sulfia.M.A, were vehemently contested by

Sri.Sunny Xavier- - learned counsel appearing for the 5 th respondent,

asserting that his client had, in fact, married the petitioner in a

customary ceremony, but that on account of certain discord between WP(C) NO. 13409 OF 2021

them, she has now made unsubstantiated and baseless allegations

against him. He submitted that anything contained in Ext.P4 or in

Ext.P2 complaints preferred by the petitioner and her mother

respectively, have any substance of truth and he, therefore, prays that

this writ petition be dismissed; however, unequivocally undertaking

that his client will not cause any harassment to the petitioner, or will

he even go near her in future. He, however, prayed that his client may

be given liberty to invoke all remedies, as may be available to him, in

law.

4. The learned Government Pleader - Sri.E.C.Bineesh

appearing on behalf of respondents 1 to 3, submitted that consequent

to the interim order of this Court dated 07.07.2021, the police are

keeping a constant vigil on the residence of the petitioner and that 5th

respondent has not either come there or caused any harassment to her

thereafter. He submitted that police will continue to do so and ensure

that petitioner is kept away from any harm at the hands of any person,

including the 5th respondent.

5. I appreciate the stand taken by the learned Government

Pleader as afore because the petitioner's primary apprehension is that WP(C) NO. 13409 OF 2021

5th respondent is likely to cause harm and to intimidate her through

various methods. However, since his learned counsel undertakes that

he has not done so and will not do so in future, I am certain that this

writ petition can be ordered, recording the said undertaking.

Resultantly, I allow this writ petition, recording the afore

undertaking of Sri.Sunny Xaveir; with a consequent direction to the

4th respondent to ensure that life of the petitioner is protected

constantly and that 5th respondent does not commit any act in

violation of law.

Needless to say, if any complaint is preferred by the petitioner

against the 5th respondent with respect to any conduct from his side in

violation of the afore undertaking, the 4th respondent will immediately

take note of it and take necessary action thereon quickly and swiftly,

without any delay.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/03/09/2021 WP(C) NO. 13409 OF 2021

APPENDIX OF WP(C) 13409/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF COMPLAINT DATED 10.2.2020 LODGED BY PETITIONER BEFORE 3RD RESPONDENT

Exhibit P2 THE TRUE COPY OF COMPLAINT DATED 4/1/2020 LODGED BY MOTHER OF PETITIONER BEFORE 2ND RESPONDENT

Exhibit P3 THE TRUE COPY OF THE INTIMATION FROM POLICE STATION, KOTTAYAM

Exhibit P4 THE TRUE COPY OF THE COMPLAINT DATED 28/6/2021 LODGED BY PETITIONER BEFORE 3RD RESPONDENT