Chandrasekharan Nair v. District Police Chief

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 FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 WP(C).No. 27487 of 2015 (I) ---------------------------- PETITIONER :

----------------- CHANDRASEKHARAN NAIR, AGED 75 YEARS, S/O. KRISHNAPILLAI, CHANDRAMANGALAM, KULASHEKHARAMANGALAM P.O. VAIKOM, KJOTTAYAM DISTRICT BY ADV. SRI.J.ABHILASH RESPONDENTS :

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1. DISTRICT POLICE CHIEF, KOTTAYAM PIN - 686001

2. THE STATION HOUSE OFFICER, VAIKOM POLICE STATION, VAIKOM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA - PIN 682031.

3. DHANESH, S/O. APPUKUTTAN, GIRIJA SADANAM, VAZHEKADU, KULASHEKHARAMANGALAM P.O., VAIKOM, KOTTAYAM DISTRICT.

4. BINUKUTTAN, S/O. SUNDARAN, NALANDA, VAZHEKADU, KULASHEKHARAMANGALAM P.O., VAIKOM, KOTTAYAM DISTRICT - 686608.

5. HARIKRISHNAN, S/O. HARIKUMAR, KRISHNALAYAM, VAZHEKADU, KULASHEKHARAMANGALAM P.O., VAIKOM, KOTTAYAM DISTRICT PIN 686 6608.

6. SUNIL, S/O. KUNJUNNI, YASODABHAVANAM, VAZHEKADU, KULASHEKHARAMANGALAMP.O., VAIKOM, KOTTAYAM DISTRICT - PIN - 686608.

R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 27487 of 2015 (I) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF THE CIVIL REVISION PETITION NO. 483/2015. P2:

COPY OF THE FIR IN CRIME 1505/2015 WITH ENGLISH TRANSLATION. P3:

COPY OF REPRESENTATION BEFORE THE R2 WITH ENGLISH TRANSLATION. RESPONDENT'S EXHIBITS :

NIL.

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

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

* * * * * * * * * * * * * W.P.C.No.27487 of 2015 ---------------------------------------- Dated this the 11th day of September 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 to 6 in view of the judgment being passed today. 2.

Petitioner, who is a senior citizen, has come up in the writ petition seeking police protection to the life and property of the petitioner. According to the petitioner, on 02/09/2015, respondents 3 to 6 have trespassed into the house of the petitioner and committed offence. On information, the police reached the spot and after recording the statement, Crime No.1505/2015 has been registered. Petitioner's grievance is that when they were in hospital, respondents 3 to 6 again threatened the petitioner. Petitioner has filed a complaint on 03/09/2015 as Ext.P3.

3.

The learned Government Pleader, on instructions, would submit that on receiving the information, police

immediately reached the spot and after recording the statement, registered a crime and the accused were arrested who have been released on bail. The vehicle in which the accused had come has also been seized and produced before the learned Magistrate. It is also submitted that police is in the process of filing the charge sheet. Be that as it may, crime having already been registered and appropriate action taken by the police, we see no necessity to issue any direction except that in the event any offence is committed or there is any attempt to commit offence, on intimation by the petitioner, police shall look into the matter and take appropriate action, in accordance with law. With the above observation, this writ petition is closed. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr