Kerala High Court
Joseph Antony vs State Of Kerala on 24 September, 2021
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. 17441 OF 2021
PETITIONER:
JOSEPH ANTONY, AGED 75 YEARS, S/O. N.P. JOSEPH,
NEDOYAKALAPARAMBIL, P.P.JOSE ROAD, VAZHAPPILLY EAST
VILLAGE, CHANGANASSERY, KOTTAYAM DISTRICT - 686 101.
BY ADVS.
C.Y.VINOD KUMAR
D.MINI RAJAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM - 695 001.
2 DISTRICT POLICE CHIEF, KOTTAYAM, DISTRICT POLICE
OFFICE, COLLECTORATE, KOTTAYAM - 686 002.
3 SUB INSPECTOR OF POLICE,
CHANGANASSERRY POLICE STATION, CHANGANASSERY - VAZHOOR
ROAD, CHANGANASSERY, KOTTAYAM - 686 101.
4 SANU, TOWNEES FOOTWEAR, P.P.JOSE ROAD, CHANGANASSERY,
KOTTAYAM - 686 101.
5 P.P.AKBER, THANOOJA BAG ZONE, P.P.JOSE ROAD,
CHANGANASSERY, KOTTAYAM - 686 101.
BY ADV.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. 17441 OF 2021
-2-
JUDGMENT
The petitioner is stated to be a septuagenarian
senior citizen and he says that he has been cited as
a witness in connection with Ext.P1 crime, bearing
No.1767/2021 of Changanassery Police Station. He
alleges that on account of this, respondent Nos.4
and 5 have been meting out threats and intimidation
to him, both personally and through their men; and
consequently, that he has been constrained to
approach the 3rd respondent - Sub Inspector of
Police, through Ext.P2, seeking protection. He
alleges that, however, no action has been taken
thereon, thus forcing him to have approached this
Court through this writ petition.
2. I notice that when this matter was
considered by me for admission on 31.08.2021, the
following interim order had been issued.
"The learned Government Pleader seeks
time to get instructions on behalf of
respondents 1 to 3. The petitioner will
take out notice by speed post returnable in
WP(C) NO. 17441 OF 2021
ten days to respondents 4 and 5.
In the meanwhile, the third respondent
will ensure that the life of the petitioner
is adequately protected from any threat or
intimidation including from respondents 4
and 5."
3. The learned Government Pleader -
Sri.E.C.Bineesh, submitted that the afore interim
order has been complied with by the Police
Authorities, affording the petitioner effective
protection from all threats and intimidation, and
that there had been no breach of peace until now.
He, therefore, prayed that this writ petition be
ordered on such terms.
4. I notice from the files that even though
summons from this Court has been validly served on
respondents 4 and 5, they have chosen not to be
present in person or to be represented through a
counsel; thus making it clear that they have no
objection to the grant of any of the reliefs sought
for by the petitioner in this writ petition.
In the afore circumstances, I allow this writ
petition and confirm the interim order afore
WP(C) NO. 17441 OF 2021
extracted; with a consequential direction to the 3rd
respondent - Sub Inspector of Police, to ensure that
the petitioner is kept away from every harm - be
that at the instance of respondents 4 and 5 or their
men; and to ensure that his life is protected
constantly.
It is needless to say that necessary action will
be taken by the 3rd respondent as and when any
complaint is made by the petitioner with respect to
any violation of law or attempt to commit offence by
any person.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 17441 OF 2021
APPENDIX OF WP(C) 17441/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE FIR (CITIZEN COPY) IN
CRIME NO.1767/21 OF CHANGANASSERY
POLICE STATION.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED
18.08.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 19.08.21
ISSUED FROM THE CHANGANASSERY POLICE
STATION.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
