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Aneesh Kumar. R vs The State Of Kerala
2024 Latest Caselaw 15402 Ker

Citation : 2024 Latest Caselaw 15402 Ker
Judgement Date : 5 June, 2024

Kerala High Court

Aneesh Kumar. R vs The State Of Kerala on 5 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                       WP(C) NO. 15837 OF 2024
PETITIONER:

          ANEESH KUMAR. R
          AGED 35 YEARS
          S/O. RAJENDRAN NAIR, PLAVIRAPUTHANVEEDU PERINGINAD
          P.O., POTHADIMURI, ADOOR. NOW RESIDING AT AMBADIYIL
          ULAVAKKAD, PALAMEL, NOORANAD P.O., MAVELIKKARA, PIN -
          690504
          BY ADVS.
          ALEX K.JOHN
          REMYA MURALI
          REENA JACOB
          SRAYAS JOSEPH


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA
          AT ERNAKULAM., PIN - 682031
    2     SUB INSPECTOR OF POLICE
          NOORANAD POLICE STATION, NOORANAD P.O., ALAPPUZHA, PIN
          - 689622
    3     SUPERINTENDENT OF POLICE
          S.P. OFFICE, ALAPPUZHA, PIN - 688001
    4     RAJANIRAVEENDRAN
          MUTHEDATHU, VECHUCHIRA P.O. KUNNAM,
          PATHANAMTHITTADISTRICT, PIN - 686511
    5     RAVEENDRAN
          MUTHEDATHU, VECHUCHIRA P.O. KUNNAM, , PATHANAMTHITTA
          DISTRICT, PIN - 686511


          SMT.REKHA C.NAIR, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.15837 of 2024
                                            2


                                     JUDGMENT

The petitioner says that he had an earlier

relationship with the 4th respondent, which he does

not want to continue; but that she and her father -

namely the 5th respondent - are now meting out threats

and intimidation to him, which forced him to make

Ext.P1 application before the 2nd respondent - Sub

Inspector of Police for protection of his life. He

says that he is being harassed continually by

respondents No.4 & 5 and therefore, that he

anticipates even violence at their hands. He asserts

that the said respondents have political influence and

that this will impede his right to continue as a

priest of a Temple, because if they are to involve

themselves in any violent means, then the sanctity of

the same would be prejudiced. He, therefore, prays

that the Police be directed to afford him adequate

protection from the threats of respondents 4 & 5.

2. Smt.Rekha C.Nair, learned Senior Government

Pleader, in response, submitted that the Police have

taken note of the petitioner's complaint and are

ensuriung that his life is adequately protected. She,

however, added that the Police have not been able to

discern any verifiable threats from respondents 4 & 5

as of now; but added that they will ensure that law

and order is always maintained.

3. The files reveal that the summons to

respondents 4 & 5 have been validly served. However,

they are neither present in person today, nor present

in counsel; thus inferentially guiding me to the

impression that he has nothing to offer in opposition

to the reliefs claimed by the petitioner.

Taking note of the afore submissions of the

learned Senior Government Pleader and since

respondents 4 & 5 are refusing to appear, I allow this

Writ Petition, directing the 2nd respondent to ensure

that the life of the petitioner, as also that of the

said respondents, are adequately protected against

each other and that none of them are allowed to take

law into their own hands, or cause any action which is

in violation of law.

As far as the parties are concerned, if they have

any tenable and legitimate cause against each other,

their liberty to invoke, initiate and pursue necessary

legal remedies are left open; for which their rival

contentions are also left undecided.

This Writ Petition is thus ordered.

Sd/-

DEVAN RAMANCHANDRAN JUDGE SAS

APPENDIX OF WP(C) 15837/2024

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE APPLICATION DATED 05.04.2024 SUBMITTED BEFORE THE HON'BLE STATION HOUSE OFFICER, NOORANAD POLICE Exhibit P2 THE TRUE COPY OF THE APPLICATION DATED 05.04.2024 SUBMITTED BEFORE THE HON'BLE SUPERINTENDENT OF ALAPPUZHA

 
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