Jithesh v. The Director General Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 WP(C).No. 16124 of 2015 (M) ---------------------------- PETITIONER(S) :- ------------------- JITHESH C.S., AGED 23 YEARS S/O.P.SASIKUMAR, REVATHY, MUTHUKULAM SOUTH P.O. ALAPPUZHA DISTRICT.

BY ADV. SRI.SHAJIN S.HAMEED RESPONDENTS :- ---------------

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

2. THE SUPERINTENDENT OF POLICE ALAPPUZHA DISTRICT, ALAPPUZHA, PIN - 680 001.

3. THE SUB INSPECTOR OF POLICE KANAKAKUNNU POLICE STATION, ALAPPUZHA DISTRICT PIN - 690 565.

4. S.KARUNANIDHI NO.15/NA, MARIYAMMAN KOIL STREET, SOZHAKKATTU P.O. TAMIL NADU, PIN - 603 312.

R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 16124 of 2015 (M) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXHIBIT P1. PHOTOCOPY OF THE CERTIFICATE OF MARRIAGE DATED 14.05.2015 ISSUED FROM THE KARUVATTA GRAMA PANCHAYAT. EXHIBIT P2. PHOTOCOPY OF THE ORDER DATED 25.05.2015 IN B.A.NO:2875/2015 OF THIS HONOURABLE COURT.

EXHIBIT P3. PHOTOCOPY OF THE REPRESENTATION DATED 08.05.2015 SUBMITTED BY THE MOTHER OF PETITIONER ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P3(a). PHOTOCOPY OF THE RECEIPT DATED 08.05.2015 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT ALONG WITH ENGLISH TRANSLATION.

EXHIBIT P4. PHOTOCOPY OF THE LETTER DATED 10.05.2015 SENT BY THE MOTHER OF PETITIONER TO THE 4TH RESPONDENT.

EXHIBIT P5. PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE MOTHER OF PETITIONER TO THE 2ND RESPONDENT DATED 25.05.2015. RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

---------------------------------- W.P.(C) No.16124 of 2015 ------------------------------------- Dated this the 1st day of June 2015

J U D G M E N T

Shaffique, J.

The petitioner has approached this Court seeking police protection. It is inter alia submitted that the petitioner has married one Sathya, the daughter of the 4th respondent. They are living at their native place. But, there is threat from the 4th respondent and his men.

2.

The petitioner had already approached this Court for anticipatory bail. This Court, recording the submission of the learned Public Prosecutor that the police will not arrest the petitioner, dismissed the said bail application. 3.

Learned counsel for the petitioner submits that a Habeas Corpus petition is pending before the High Court of Tamil Nadu in regard to missing of his wife, Sathya. If that be the case and if there is an order from the High Court or from the Magistrate Court to produce the petitioner or his wife, the police will have to comply with the same.

4.

We only observe that if the 4th respondent or his men commit any offence or attempt to commit offence, on the request

W.P.(C) No.16124 of 2015 -: 2 :- of the petitioner, the police shall look into the matter and do the needful.

With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt