High Court of KeralaWP(C)/1305/2015disposed of

Shibu v. The Director General Of Police

2015-01-14Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan9 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936 WP(C).No. 1305 of 2015 (K) --------------------------- PETITIONERS :

-------------------

1. SHIBU, AGED 38 YEARS, S/O.RAVEENDRAN, VIJI BHAVAN, T.C.13/2122 PATTOM VILLAGE, MEDICAL COLLEGE.P.O.

THIRUVANANTHAPURAM.

2. C.VENUGOPAL, AGED 46 YEARS, S/O.CHELLAPPAN, KALATHIL VEEDU, SASTHAMANGALAM VILLAGE KARITHODE LANE, KANJIRAMPARA.P.O., THIRUVANANTHAPURAM.

3. V.RAJEEV, AGED 35 YEARS, S/O.VIJAYAKUMARAN NAIR, T.C.13/51 KOLLOOR THOTTAM VARAMBIL VEEDU, KANNAMOOLA MEDICAL COLLGE.P.O., THIRUVANANTHAPURAM.

4. M.SUDHI, AGED 29 YEARS, S/O.MANIYAN, T.C.15/655, KOLLOOR THOTTAM VARAMBIL VANCHIYOOR.P.O., THIRUVANANTHAPURAM.

5. DEEPU, AGED 29 YEARS, S/O.VASANTHAN, THOTTUVARAMBIL, KANNANMOOLA PUTHENPALAM, VANCHIYOOR VILLAGE, PETTAH THIRUVANANTHAPURAM.

6. VISHNU, AGED 27 YEARS, S/O.VIJAYAN, MADATHUVILA VEEDU, T.C.2/510 P.T.CHACKO NAGAR, MEDICAL COLLEGE.P.O.

THIRUVANANTHAPURAM.

7. MANU AGED 27 YEARS S/O.JOHNI, KOLLOOR KULAVARAMBIL VEEDU, KANNANMOOLA MEDICAL COLLEGE, THIRUVANANTHAPURAM.

8. PREJI, AGED 32 YEARS, S/O.MOHANAN, KOLLOOR THOTTAM VARAMBIL, T.C.13/659 KANNAMMOOLA, MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM.

9. SANTHOSH KUMAR, AGED 44 YEARS, S/O.SIVAN KUTTY, SHARANYA BHAVAN, KOLLOOR KANNANMOOLA, T.C.13/932, THIRUVANANTHAPURAM.

BY ADV. SRI.HRITHWIK

WP(C).No. 1305 of 2015 (K) RESPONDENTS :

----------------------

1. THE DIRECTOR GENERAL OF POLICE, KERALA, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN CODE-695 010.

2. THE SUB INSPECTOR OF POLICE PETTAH POLICE STATION, THIRUVANANTHAPURAM DISTRICT PIN CODE - 695 024.

3. THE SUB INSPECTOR OF POLICE MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PIN CODE-695 011.

4. THE SUB INSPECTOR OF POLICE, VATTIYOORKKAVU POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PIN CODE-695 013.

5. RAJESH @ PUTHENPALAM, RAJESH, AGED 29 YEARS, S/O.SASI, KOLLOOR THOTTAM VARAMBU VEEDU, PUTHENPALAM KANNAMOOLA WARD, VANCHIYOOR VILLAGE MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM. PIN CODE-695 011.

6. CHANTHU @ SANTHOSH KUMAR, AGED 37 YEARS, S/O.RAJU, KOLLOOR THOTTAM VARAMBU VEEDU, PUTHENPALAM KANNAMOOLA WARD, VANCHIYOOR VILLAGE MEDICAL COLLEGE.P.O.

THIRUVANANTHAPURAM. PIN CODE-695 011.

7. BINU @ KARI BIJU, AGED 36 YEARS S/O.MANIYAN, KUNNUPURAM, CHENNILODE KANNNANMOOLA, MEDICAL COLLEGE.P.O.

THIRUVANANTHAPURAM. PIN CODE-695 011.

8. SAJU @ KALLAN SAJU, AGED 35 YEARS S/O.RAJU, KOLLOORTHODE VARAMBIL, KANNANMOOLA MEDICAL COLLEGE.P.O.

THIRUVANANTHAPURAM. PIN CODE-695 011.

9. JABRI @ ARUNKUMAR, AGED 25 YEARS S/O.AJIKUMAR, KALLOOR KOLA VARAMBIL VEEDU, KANNANMOOLA MEDICAL COLLEGE.P.O.

THIRUVANANTHAPURAM. PIN CODE-695 011.

10. SANDEEP KUMAR, AGED 38 YEARS, S/O.VINAYACHANDRAN, KALLOOR KOLA VARAMBIL VEEDU, KANNANMOOLA, MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM. PIN CODE-695 011.

WP(C).No. 1305 of 2015 (K)

11. RAJAN, AGED 30 YEARS S/O.SASI, THOTTUVARAMBIL, PUTHENPALAM, KANNANMOOLA, MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM. PIN CODE-695 011.

12. RAJESH @ PANKU RAJESH, AGED 38 YEARS NIGUNJAM FLAT, KANNANMOOLA, MEDICAL COLLEGE.P.O. THIRUVANANTHAPURAM. PIN CODE-695 011.

13. AJEESH, AGED 30 YEARS, DEWASOM BOARD GUARD, DEWASOM BOARD, NANDANCODE THIRUVANANTHAPURAM. PIN CODE-695 003.

14. VINEETH @ KICHU, AGED 25 YEARS, THOTTUVARAMBIL VEEDU, KANNANMOOLA MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM. PIN CODE-695 011.

15. RAJEEV @ PAPPUTTI, AGED 35 YEARS, S/O.RAJENDRAN, KOLLOOR THODU VARAMBIL, KANNANMOOLA MEDICAL COLLEGE.P.O.

THIRUVANANTHAPURAM. PIN CODE-695 011.

16. KUMAR @ BOMBAY KUMAR, AGED 49 YEARS, OPPOSITE CHENKOTTUKONAM ASHRAMAM, KAZHAKUTTOM THIRUVANANTHAPURAM. PIN CODE-695 582.

17. BINU, AGED 45 YEARS, OASIS FLAT, KUMARAPURAM, TAGORE GARDENS MEDICAL COLLEGE.P.O.

THIRUVANANTHAPURAM. PIN CODE-695 011.

18. SHAJI, AGED 48 YEARS, FLAT NO.8, OASIS FLAT, TAGORE GARDENS MEDICAL COLLEGE.P.O.

THIRUVANANTHAPURAM. PIN CODE-695 011.

R1 TO R4 BY GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 1305 of 2015 (K) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE WIFE OF 9TH PETITIONER BEFORE THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM, ALONG WITH ITS ENGLISH TRANSLATION. P2:

PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE WIFE OF 1ST PETITIONER BEFORE THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM, DATED 19.11.2014 ALONG WITH ITS ENGLISH TRANSLATION.

P3:

PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE 2ND PETITIONER BEFORE THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY DATED 16.12.2014 ALONG WITH ITS ENGLISH TRANSLATION. P4:

PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS DATED 16.12.2014 BEFORE THE 2ND RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.

P5:

PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS DATED 16.12.2014 BEFORE THE 3RD RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.

P6:

PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS DATED 16.12.2014 BEFORE THE 4TH RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.

P7:

PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS DATED 16.12.2014 BEFORE THE 1ST RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.

RESPONDENT(S)' EXHIBITS :

NIL.

--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp

ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.

* * * * * * * * * * * * * W.P.C.No.1305 of 2015 ---------------------------------------- Dated this the 14th day of January 2015

J U D G M E N T

Ashok Bhushan, Ag.CJ Heard learned counsel for the petitioners and the learned Government Pleader. No notice is being issued to private respondents in view of the judgment being passed today.

By this writ petition, the petitioners have prayed for a direction to respondents 2 to 4 to provide adequate protection to their life. Petitioners' case is that they received a threat from the 5th respondent, against whom several criminal cases are pending and a complaint is claimed to have been submitted to the Station House Officer on 16/12/2014.

The learned Government Pleader, after obtaining instructions, submits that a crime has already been

W.P.C.No.1305/2015 registered as Crime No.49/2015 against the 5th respondent and 13 other persons and the same is under investigation. 4.

In view of the fact that a crime has already been registered which is under investigation, we see no reason to pass any further orders in this writ petition. We only observe that in the event of any offence or attempt to offence, it is open for the petitioners to file appropriate complaint before the police authorities.

With the above observation, this writ petition is disposed of.

(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr

W.P.C.No.1305/2015