Amrutha Animon vs State Of Kerala
2021 Latest Caselaw 20218 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                       WP(C) NO. 16930 OF 2021
PETITIONER:

          AMRUTHA ANIMON
          AGED 25 YEARS
          D/O. ANIMON, KAYICHIRAYIL HOUSE,
          MANNANCHERRY, ALAPPUZHA - 688 538.

          BY ADV SRI.RAMESH .P
          SRI. GOKUL DAS


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE HOME SECRETARY,
          GOVERNMENT OF KERALA, SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
    2     THE SUPERINTENDENT OF POLICE
          OFFICE OF THE DISTRICT POLICE CHIEF,
          ALAPPUZHA DISTRICT,
          ALAPPUZHA - 688 011.
    3     THE STATION HOUSE OFFICER,
          MANNANCHERRY POLICE STATION,
          ALAPPUZHA DISTRICT - 688 538.
    4     KIRAN KUMAR P. U.,
          AGED 26 YEARS
          S/O. GEETHA UDAYAKUMAR,
          PANDARAPATTATHIL HOUSE,
          PONNADU POST, MANNANCHERRY,
          ALAPPUZHA - 688 538.

          SRI. E. C. BINEESH - G.P



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.16930 OF 2021

                                      2




                                JUDGMENT

The petitioner claims that 4th respondent is

continually harassing her and explains that he

is her husband but that they are living

separately now. She asserts that on account of

the harassment being faced by her, she

approached the Judicial First Class Magistrate

Court-I, Alappuzha, under Section 12 of the

Protection of Woman from Domestic Violence Act

(hereinafter referred to 'the DV Act') and that

a crime was registered against the 4th

respondent, numbered as 162 of 2021.

2. The petitioner says that she,

thereafter, filed another complaint on

23.06.2021 against the 4th respondent, because he

used abusive and vulgar language against her and

had also attempted to physically assault and

mentally harass her. She says that this F.I.R WP(C).No.16930 OF 2021

has been registered as Crime No.327 of 2021, but

that the intimidation from the 4th respondent has

still not abated. She says that she, therefore,

fears for her life and that she, consequently,

approached the 3rd respondent - Station House

Officer, through Ext.P6, seeking protection; but

that no action has been taken thereon, thus

forcing her to approach this Court through this

writ petition. She adds that, 4th respondent is

employed in the Army and that she is therefore,

more fearful because of his influence.

3. In response, Sri.Gokul Das V.V.H -

learned counsel appearing for the 4th respondent,

submitted that every allegation afore recorded

on behalf of the petitioner is untrue and that

his client is not even in Kerala now. He

submitted that, the instances afore stated by

the petitioner are not based on true facts and

that his client is now defending all the cases

filed against him, invoking remedies as are WP(C).No.16930 OF 2021

available to him.

4. Sri.Gokul Das V.V.H, then explained

that the incredulous nature of the complaint

preferred by the petitioner against his client

is evident from the fact that, it was registered

on a day when he was actually serving the Army

outside Kerala. He, however, added that his

client does not intend to cause any "threat or

intimidation or harassment" to the petitioner

and therefore, prayed that this writ petition be

dismissed.

5. When, I consider the afore submissions,

there can be little doubt that the matrimonial

issues between the parties have now compelled

the petitioner to approach this Court. However,

since the petitioner asserts that he has not

harassed her and do not intend to do so in

future, I do not think that any further orders

are required in this writ petition, other than

to ensure that she is sufficiently protected. WP(C).No.16930 OF 2021

I therefore, allow this writ petition and

confirm the interim order granted by this Court

on 24.08.2021; thus directing the 3rd respondent-

Station House Officer to ensure that the life

and properties of the petitioner are adequately

and effectively protected from every threat,

intimidation or violence from any source,

including the 4th respondent. The 3rd respondent

shall also ensure that law and order is

maintained in the area where the petitioner is

residing, without any breach being committed by

any person.

Needless to say, I have not entered into the

merits of the rival contentions of the parties

and all of them are left open to be pursued

appropriately before the competent Forum,

notwithstanding the afore directions.

At this time, Sri.Gokul Das V.V.H, learned

counsel for the petitioner, intervened to say

that this judgment is likely to be misused by WP(C).No.16930 OF 2021

the petitioner in order to strengthen her

contentions against his client.

I am afraid that, I cannot find cause for

the afore apprehension because I have already

made it clear that the sole intent of this Court

is that Police must give protection to the life

of the petitioner and that it cannot be misused

by any person, including her, for any collateral

purpose, including legal proceedings pending

between the parties.

Sd/-

DEVAN RAMACHANDRAN JUDGE

SPR WP(C).No.16930 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER IN C.M.P.NO.437/2021 IN M.C.NO.13/2021 DATED 02.02.2021 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALAPPUZHA. EXHIBIT P2 TRUE COPY OF THE FIR IN CRIME NO.162/2021 DATED 16.03.2021, REGISTERED BY THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE FIR IN CRIME NO.327/2021 DATED 23.06.2021 REGISTERED BY THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE ORDER IN ANTICIPATORY BAIL APPLICATION IN CRL.M.P.NO.1296/2021 DATED 26.07.2021 OF THE SESSIONS COURT, ALAPPUZHA. EXHIBIT P5 TRUE COPY OF THE FIR IN CRIME NO.362/2021 DATED 10.07.2021 REGISTERED BY THE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER DATED 06.08.2021, SUBMITTED TO THE RESPONDENTS 2 AND 3.

RESPONDENT'S/S EXHIBITS: NIL.