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Kerala High Court
Sureshkumar. V vs State Of Kerala on 4 February, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) No.5516 of 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 4TH DAY OF FEBRUARY 2026 / 15TH MAGHA, 1947
WP(C) NO. 5516 OF 2025
PETITIONERS:
1 SURESHKUMAR. V,
AGED 58 YEARS
S/O VASU. P, KALAYAMKURICHI VEEDU, MOONUMOOKU,
KAZHIVOOR P.O., THIRUVANANTHAPURAM, PIN - 695526
2 DILEEP KUMAR,
AGED 43 YEARS
S/O SREEDHARAN, PERUMKULATHU VEEDU, KAZHIVOOR
P.O., THIRUVANANTHAPURAM, PIN - 695526
BY ADVS.
SRI.M.KIRANLAL
SRI.R.RAJESH (VARKALA)
SRI.MANU RAMACHANDRAN
SRI.T.S.SARATH
SHRI.SAMEER M NAIR
SMT.SAILAKSHMI MENON
SMT. AASHI K. SHAJAN
SMT.MINZA FATHIMA SALIM M.
SHRI.KEZIL THOTTUKADAVIL CHERIAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF,
THIRUVANANTHAPURAM, PIN - 695033
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3 THE STATION HOUSE OFFICER
KANJIRAMKULAM POLICE STATION,
THIRUVANANTHAPURAM., PIN - 695524
4 VISAK,
AGED 28 YEARS
S/O VIJAYAN, KIZHETHOTTAM VEEDU, PARAYANVILAKAM,
KAZHIVOOR P.O, THIRUVANANTHAPURAM, PIN - 695526
5 ARAVIND @ SAMBHU,
AGED 34 YEARS
S/O VASANDHAN, KALLIL PUTHAN VEEDU, KAZHIVOOR
P.O., THIRUVANANTHAPURAM, PIN - 695526
BY ADVS.
SRI.K.P.SUJESH KUMAR
BIJUKUMAR K.
SREEJITH V.S SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BECHU KURIAN THOMAS,J
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WP(C) No.5516 of 2025
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Dated this the 04th day of February, 2026
JUDGMENT
Petitioners seek police protection for their lives and also seek
a direction to initiate action for violation of bail conditions.
2. Respondents 4 and 5 are arrayed as accused in Crime
No.391 of 2024 of Kanjiramkulm Police Station. Pursuant to the
registration of Ext.P1 FIR, a final report has been filed as Ext.P2. The
petitioner is a witness to the said crime and had given a statement to
the police, which apparently led to the arrest of respondents 4 and 5
and the subsequent filing of the final report in the said crime. As
petitioners had given statements against respondents 4 and 5, they
allegedly attacked the petitioners on 12.10.2024, with the intention to
murder, for which Crime No.918 of 2024 of Kanjiramkulam Police
Station has been registered for offences including Section 109 of BNS,
2023. According to the petitioners, though respondents 4 and 5 have
been granted bail in Crime No.391 of 2024, the very fact that they
attacked the petitioners indicate that they have violated the bail
conditions, and therefore, the Investigating Officer ought to have
sought for cancellation of the bail. It is also the claim of the
petitioners that their lives are under threat and hence police
2026:KER:9534
protection ought to be afforded to them, and hence they have
approached this Court with this writ petition.
3. The learned counsel appearing for respondents 4 and 5
submitted that the said respondents have absolutely no intention to
cause any harm to the petitioners and that the allegations are totally
false. It was also submitted that respondents 4 and 5 are law-abiding
citizens and have not committed any offence as alleged.
4. The learned Government Pleader, on the other hand,
submitted that the conditions imposed while granting bail to
respondents 4 and 5 prevents any possible threat to the petitioners.
It was however, submitted that since Crime No.918 of 2024 of
Kanjiramkulam police Station has been registered, they have already
sought for cancellation of the bail granted to respondents 4 and 5 in
Crime No.391 of 2024.
5. Having heard the learned counsel for the petitioner, the
learned counsel for respondents 4 and 5 as well as the learned
Government Pleader, I am of the view that the writ petition can be
disposed of with a direction.
6. The apprehension of petitioners regarding the threat to
their life from respondents 4 and 5 seems to be genuine. Crime
No.918 of 2024 of Kanjiramkulam Police Station has been registered
due to the alleged attack by respondents 4 and 5 and their associates.
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Even though the learned counsel for the respondents 4 and 5
submitted that they will never harm the petitioners, by virtue of their
past conduct, the said submission cannot be taken on its face value.
7. Being witnesses to a serious offence, including the offence
of attempt to murder, I am of the view that the 3 rd respondent must
afford adequate and effective police protection to the petitioners so as
to ensure that the life of the petitioners is not threatened under any
circumstances.
Hence, there will be a direction to the 3rd respondent to
afford adequate and effective police protection to the life of the
petitioners who shall take steps to avert any threat or harm from
respondents 4 and 5.
The writ petition is allowed as above.
sd/-
BECHU KURIAN THOMAS,JUDGE
pm
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APPENDIX OF WP(C) NO. 5516 OF 2025
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF THE FIR IN CRIME NO.
Exhibit P2 A TRUE COPY OF THE FINAL REPORT
Exhibit P3 A TRUE COPY OF THE ORDER IN CRL.MC
NO.2055/2024 OF THE COURT OF SESSIONS
JUDGE THIRUVANANTHAPURAM DATED
14.08.2024
Exhibit P4 A TRUE COPY OF THE FIR IN CRIME NO.
Exhibit P5 A TRUE COPY OF THE ORDER IN CRL.MC
NO.3609/2024 OF SESSIONS COURT
THIRUVANANTHAPURAM DATED 02.12.2024
Exhibit P6 A TRUE COPY OF THE REPRESENTATIONS DATED
03.12.2024
Exhibit P7 A TRUE COPY OF THE REPRESENTATIONS DATED
18.11.2024
Exhibit P8 A TRUE COPY OF THIS COMPLAINT DATED
15.07.2024
