Ajith Kumar.S @ Soju vs Director General Of Police And State ...
2024 Latest Caselaw 26403 Ker

Kerala High Court

Ajith Kumar.S @ Soju vs Director General Of Police And State ... on 3 September, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                                   2024:KER:66862


                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                       THE HONOURABLE MR.JUSTICE V.G.ARUN

         TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                             WP(C) NO. 29447 OF 2024


PETITIONER:

               AJITH KUMAR.S @ SOJU
               AGED 46 YEARS
               S/O.SIVANANDAN, KEEZHAMBIL HOUSE,
               KARAMANA.P.O., THIRUVANANTHAPURAM, PIN - 695002

               BY ADVS.
               SUMAN CHAKRAVARTHY
               K.R.RIJA
               BREJITHA UNNIKRISHNAN
               SUDEESH K.E.


RESPONDENTS:

     1         DIRECTOR GENERAL OF POLICE AND STATE POLICE CHIEF
               VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010

     2         DISTRICT POLICE CHIEF AND COMMISSIONER,
               THIRUVANANTHAPURAM
               PANAVILA, THYCAUD, THIRUVANANTHAPURAM, PIN - 695034

     3         ASSISTANT COMMISSIONER OF POLICE
               FORT SUB DIVISION, EAST FORT, THIRUVANANTHAPURAM,
               PIN - 695007

     4         THE STATION HOUSE OFFICER
               KARAMANA POLICE STATION, KARAMANA, THIRUVANANTHAPURAM,
               PIN - 695002


               BY ADV. SRI. P.S. APPU, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.09.2024,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.29447 of 2024




                                                                2024:KER:66862



                                           2




                                    JUDGMENT

Dated this the 03rd day of September, 2024

The petitioner was released from Prison on

06.08.2024 after 12 years of incarceration, based

on Ext.P1 judgment of acquittal rendered by this

Court. The petitioner's grievance is that, despite

his acquittal, the Police is disturbing his peaceful

life by frequently visiting his residence.

2. Heard, learned Counsel for the petitioner

and the learned Government Pleader.

3. The learned Counsel for the petitioner

submitted that, whatever be the past history of the

petitioner, the cases being over and this Court

having acquitted the petitioner, the Police cannot

interfere with the petitioner's right to lead a

2024:KER:66862

peaceful life. Such interference, not only infringes

the petitioner's privacy, but also impedes his

attempt to reintegrate with the society.

4. The learned Government Pleader submitted

that the petitioner was a known Goonda, involved

in 24 crimes. Even though the crimes are not

pending now, there is reliable information that

there will be attempts on the petitioner's life by his

rivals. Therefore, the Police is keeping vigil.

5. I find substance in the contention of the

learned Counsel for the petitioner that surveillance

by the Police should not affect the petitioner's right

to peaceful and orderly life. Frequent visit to the

petitioner's residence by the Police will definitely

result in the petitioner's reintegration with society

being adversely affected.

2024:KER:66862

The writ petition is hence disposed of,

directing the Police to ensure that the surveillance

should not result in the petitioner's privacy being

breached and his peaceful life being impeded.

Sd/-

V.G.ARUN

JUDGE NB/3-9

2024:KER:66862

APPENDIX OF WP(C) 29447/2024

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COY OF THE JUDGMENT DATED 06.08.2024 IN CRL APPEAL NO.552/2016 BY THIS HON'BLE COURT

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE