Sunil Kumar vs The State Of Kerala
2023 Latest Caselaw 8681 Ker

WP(C) NO. 26108 OF 2023            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                          WP(C) NO. 26108 OF 2023
PETITIONER/S:

               SUNIL KUMAR
               AGED 38 YEARS
               PUTHENVEETTIL HOUSE, KATTEKUNAM ,MUTTAR THRIKAKKARA
               NORTH VILLAGE, ERNAKULAM, PIN - 682024

               BY ADVS.
               T.R.VISHNU
               V.E.ABDUL GAFOOR
               A.MOHAMMED SAVAD
               V.S.SHIRAZ BAVA



RESPONDENT/S:

      1        THE STATE OF KERALA
               REP. BY THE ADDI. CHIEF SECRETARY TO GOVERNMENT,
               HOME DEPARTMENT, GOVT SECRETARIAT
               THIRUVANANTHAPURAM, PIN - 695001

      2        DIRECTOR GENERAL OF POLICE
               POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN -
               695001

      3        THE DISTRICT POLICE CHIEF
               ERNAKULAM CITY, PIN - 682005

      4        THE ASSISTANT COMMISSIONER OF POLICE
               THRIKKAKARA,KAKKANAD, PIN - 682021

      5        THE STATION HOUSE OFFICER
               KALAMASSERY POLICE STATION, ERNAKULAM, PIN - 682033

      6        KIRAN
 WP(C) NO. 26108 OF 2023           2


               AGED 29 YEARS
               S/O. KRISHNAN RESIDING AT VATTEKKUNAM ,MUTTAR
               THRIKAKKARA NORTH,ERNAKULAM, PIN - 682024

      7        KRISHNAN
               AGED 58 YEARS
               RESIDING AT VATTEKKUNAM ,MUTTAR THRIKAKKARA NORTH,
               ERNAKULAM, PIN - 682024


OTHER PRESENT:

               SRI. RAJEEV JYOTHISH GEORGE, GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26108 OF 2023             3




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                      W.P.(C.) No. 26108 of 2023
                     --------------------------------------
                Dated this the 9th day of August, 2023


                               JUDGMENT

The above writ petition is filed with following prayers :

"(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 5 to provide adequate and effective police protection to the life and property of the petitioner and his family members and

(ii) Such other and further reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case including costs." [SIC]

2. The main prayer in this writ petition is to afford

adequate police protection to the life of the petitioner and his

family members.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader. The way in which this writ

petition is going to be disposed of, no notice is necessary to

respondent Nos. 6 and 7. If they are aggrieved by any of the

directions, they are free to file a review petition before this

Court.

4. When this writ petition came up for consideration,

the learned Government Pleader submitted that a case is

already registered against respondent Nos. 6 and 7 as evident

by Ext.P1. It is also submitted that an anticipatory bail

application moved by respondent Nos. 6 and 7 was dismissed

by the Sessions Court and it is mentioned in the writ petition. If

that is the case, there is some force in the argument of the

petitioner that there is threat to the life of the petitioner. It is

duty of the 5th respondent to see that there is no further threat

to the life of the petitioner from respondent Nos. 6 and 7.

Therefore, this writ petition is disposed of with the

following directions :

1) If the petitioner is apprehending any threat from

respondent Nos. 6 and 7, the petitioner is free to

submit a complaint before the 5th respondent and if

such a complaint is received, the 5th respondent will

do the needful to see that there is no threat to the life

of the petitioner and his family members.

2) The petitioner will produce a certified copy of this

judgment along with the complaint before the 5 th

respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 26108/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE FIR NO: 1314 DATED 27/06/2023 AT KALAMASSERY POLICE STATAION

Exhibit P2 TRUE COPY OF MEDICAL BILL, ISSUED BY GOVT.

MEDICAL COLLEGE DATED 23/06/2023

Exhibit P3 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM THE M.A.J HOSPITAL, EDAPALLY DATED 26/06/2023

Exhibit P4 TRUE COPY OF THE BILLS ISSUED BY THE RAJESH EYE CLINIC DATED 24/06/2023

Exhibit P5 TRUE COPY OF THE NOTICE U/S 15 A(3) OF THE SCST (PREVENTION OF ATROCITIES ACT)1989(AMENDMENT 2015)FROM THE 4TH RESPONDENT

Exhibit P6 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 5TH RESPONDENT DATED 1/08/2023