Twinkle Jacob vs District Police Chief
2021 Latest Caselaw 20047 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                       WP(C) NO. 18434 OF 2021
PETITIONER:

          TWINKLE JACOB,
          D/O JACOB, PUTHUPARAMBIL HOUSE, PULIYANMALA,
          KATTAPPANA, IDUKKI DISTRICT.

          BY ADVS.G.HARIHARAN
          SHINE VARGHESE
          PRAVEEN.H.
          SMITHA PRAVEEN
          V.R.SANJEEV KUMAR


RESPONDENTS:

    1     DISTRICT POLICE CHIEF,
          CIVIL STATION, KOTTAYAM DISTRICT-686 543.

    2     STATION HOUSE OFFICER, MANIMALA POLICE STATION,
          MANIMALA, KOTTAYAM DISTRICT-686 543.

    3     TEDDY.T BOBBY,
          S/O JOSE.M.BOBY, VELLAPPANIYIL HOUSE, 19 MILE BHAGAM,
          VAZHOOR EAST P.O., VAZHOOR, KOTTAYAM DISTRICT-686 504.

    4     JOSE.M.BOBY,
          VELLAPPANIYIL HOUSE, 19 MILE BHAGAM, VAZHOOR EAST P.O.,
          VAZHOOR, KOTTAYAM DISTRICT-686 504.

    5     SUMA BOBY,
          W/O JOSE M BOBY, VELLAPPANIYIL HOUSE, 19 MILE BHAGAM,
          VAZHOOR EAST P.O., VAZHOOR, KOTTAYAM DISTRICT-686 504.

          BY ADVS. C.A.CHACKO
          SRI. E.C.BINEESH - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18434 OF 2021
                                    -2-

                              JUDGMENT

The petitioner, who stated to be the wife of

the 3rd respondent, alleges that she has been

subjected to assault and other intimidating

tactics from him and respondents 4 and 5, who are

her parents-in-law.

2. The petitioner says that she had earlier

filed a complaint against respondents 3 to 5

before the Manimala Police Station, on which a

crime was registered as Crime No.792 of 2021,

arraying them as accused under various provisions

of the Indian Penal Code.

3. The petitioner says that she is still

facing threat to her life and that of her children

from respondents 3 to 5, and that she had not been

allowed to take her personal belongings from her

matrimonial home on account of such intimidation.

She says that she, therefore, approached the 2nd WP(C) NO. 18434 OF 2021

respondent - Station House Officer, through Ext.P2

complaint seeking protection, but that since no

action has been taken thereon, she has been

constrained to approach this Court through this

writ petition.

4. I have heard Sri.G.Hariharan - learned

counsel for the petitioner; Sri.C.A.Chacko -

learned counsel appearing for respondents 3 to 5

and the learned Government Pleader -

Sri.E.C.Bineesh, appearing for the official

respondents.

5. Sri.C.A.Chacko - learned counsel for the

party respondents, submitted that the allegations

made by the petitioner against his clients are all

untrue and that they are now seeking legal redress

against the same, including by having filed an

application for anticipatory bail. He added that

this writ petition is now unnecessary because the

petitioner has already removed all her personal WP(C) NO. 18434 OF 2021

belongings from the matrimonial home and that she

is now residing at her house at Idukki.

Sri.C.A.Chacko then reiteratingly submitted that

his clients had neither attacked the petitioner or

her children nor intend to do so; and, therefore,

prayed that this writ petition be dismissed.

6. Sri.E.C.Bineesh - learned Government

Pleader, submitted that after the petitioner

approached the 2nd respondent with a request for

police protection, her life and that of the

children have been sufficiently and adequately

protected by the 2nd respondent; and that there had

been no instances of breach or violation of law

and order thereafter. He thus prayed that this

writ petition be ordered on such terms.

7. When I evaluate the afore submissions and

since respondents 3 to 5 undertake that they will

not cause any threat or intimidation to the

petitioner or her children, I deem it appropriate WP(C) NO. 18434 OF 2021

to allow this writ petition, confirming the

interim order dated 09.09.2021.

It is so ordered; and consequently, the 2nd

respondent will ensure that the lives of the

petitioner and her children are adequately and

effectively protected from every threat and

intimidation from any source, including

respondents 3 to 5 or their men; and that they

will act as per law, as and when any complaint is

made by the petitioner of any act which she

perceives to be in violation of the afore

directions.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 18434 OF 2021

APPENDIX OF WP(C) 18434/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 10.4.2013 ISSUED BY THE REGISTRAR OF MARRIAGE VAZHOOR GRAMA PANCHAYAT

EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 6.8.2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENTS

EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 10.8.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 10.8.2021 ISSUED FROM THE 1ST RESPONDENTS OFFICE EVIDENCING RECEIPT OF EXHIBIT P3 REQUEST

EXHIBIT P5 TRUE COPY OF THE FIR IN CRIME NO 792/2021 OF MANIMALA POLICE STATION REGISTERED ON 11.8.2021 AGAINST THE RESPONDENTS 3 TO 5

EXHIBIT P6 TRUE COPY OF THE ANTICIPATORY BAIL APPLICATION DATED 6.8.2021 FILED BY THE 3RD RESPONDENT AS BA NO 6151/2021 BEFORE THIS HON'BLE COURT WITHOUT SPECIFYING CRIME NUMBER

EXHIBIT P7 TRUE COPY OF THE DETAILS OF ARTICLES BELONGING TO THE PETITIONER FROM THE HOUSE OF THE RESPONDENTS 3 TO 5

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE