Santhosh Kumar V.K. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937 WP(C).No. 23412 of 2015 (B) ------------------------------------------ PETITIONER(S) :
------------------------- SANTHOSH KUMAR V.K, AGED 43 YEARS, S/O.VISWAMBHARAN PILLAI, RESIDING AT SANTHOSH BHAVAN, NEDUMONKAVU P.O., KOLLAM-691 509.
BY ADVS.SRI.M.R.HARIRAJ SRI.P.A.KUMARAN SRI.K.RAJAGOPAL SMT. VINITHA HARIRAJ RESPONDENT(S) :
----------------------------
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
2. THE SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION, KOLLAM- 691 509.
3. NAZEER, FATHIMA MANZIL, NEDUMONKAVU, KAREEPRA VILLAGE, KOLLAM- 691 509.
4. SHAJAHAN, AMINA MANZIL, NEDUMONKAVU, KAREEPRA VILLAGE- 691 509.
5. GIREESH KUMAR, MANIKANDASADANAM, KALACHANTHA, KAREEPRA VILLAGE, KOLLAM- 691 509.
R1 & R2 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 23412 of 2015 (B) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :
----------------------------------------- EXHIBIT P1:
TRUE COPY OF THE PAPER REPORT APPEARED IN THE NEW INDIAN EXPRESS, REGIONAL EDITION DATED 27.10.2014. EXHIBIT P2:
TRUE COPY OF THE DISCHARGE CERTIFICATE NO.26016 DATED 21.07.2015 TO 24.07.2015 ISSUED FROM THE DISTRICT HOSPITAL, KOLLAM.
EXHIBIT P3:
A TRUE COPY OF THE REPORTS APPEARED IN THE SOME OF THE LEADING NEWS PAPERS, VIZ, THE HINDU DATED 21.07.2015 AND THE NEW INDIAN EXPRESS DATED 21.07.2015.
EXHIBIT P4:
TRUE COPY OF THE COMPLAINT DATED 29.07.2015 TO THE RESPONDENT ALONG WITH ITS TRUE ENGLISH TRANSLATION.
RESPONDENT(S)' EXHIBITS :
------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.
Msd.
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.
* * * * * * * * * * * * * W.P.C.No.23412 of 2015 ---------------------------------------- Dated this the 4th day of August 2015
J U D G M E N T
Ashok Bhushan, CJ Heard learned counsel for the petitioner and the learned Government Pleader. No notice is being issued to respondents 3, 4 and 5 in view of the judgment being passed today. Liberty is reserved to respondents 3 to 5 for any modification of the order, if they feel so aggrieved.
2.
Petitioner has prayed for a direction to the 2nd respondent to afford adequate and effective police protection to the life and property of the petitioner. Petitioner's case is that petitioner, an environmentalist, who is conducting peaceful dharna against certain quarries, was attacked by private respondents on 20/07/2015. Crime was registered being Crime No.1040/2015 under various Sections of I.P.C arraying respondents 3 to 5 as accused Nos.1 to 3. Respondents 3 to 5 were arrested, but now they have been enlarged on bail. Petitioner's grievance is that respondents, having been enlarged
on bail, he has threat to his life. He has been receiving threatening calls.
3.
The learned Government Pleader, after obtaining instructions, submits that the accused were arrested and they are now enlarged on bail. He submits that police is keeping a vigil on the area and adequate protection shall be given to the petitioner as and when request is received.
In the above view of the matter, we dispose of this writ petition with a direction to the 2nd respondent to keep vigil on the activities of private respondents and afford protection to the petitioner as and when request is received.
(sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr