High Court Kerala High Court

Rejina vs The State Of Kerala on 21 June, 2010

Kerala High Court
Rejina vs The State Of Kerala on 21 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19052 of 2010(F)


1. REJINA,W/O.PRAMOD,AGED 27 YEARS,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,REPRESENTED BY
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE, NALLALAM

3. THE CIRCLE INSPECTOR OF POLICE,

4. THE CITY POLICE COMMISSIONER, KOZHIKODE

5. RATHEESH,S/O.DAMODARA KURUP,AGED ABOUT

6. BIJU,S/O.DASAN NAIR, AGED ABOUT 30 YEARS

7. SRIJITH ALIAS VAVA,S/O.VENU,AGED ABOUT

                For Petitioner  :SRI.K.M.FIROZ

                For Respondent  :SRI.SANTHARAM.P

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :21/06/2010

 O R D E R
                           K. M. JOSEPH &
                    M.L. JOSEPH FRANCIS, JJ.
              --------------------------------------------------
                 W.P(C). NO. 19052 OF 2010 F
             ---------------------------------------------------
                   Dated this the 21st June, 2010

                              JUDGMENT

K.M. Joseph, J.

Petitioner has approached this Court with the following

prayer:

“Call for the records leading to Ext.P1 and

direct respondents 1 to 4 to give adequate police

protection to the life and property of the petitioner

and her family members from the illegal attempts of

respondents 5, 6 and 7 and their men by issuing a

writ of mandamus or any other appropriate writ,

direction or order.”

2. We heard the learned counsel for the petitioner, learned

Government Pleader and also the learned counsel appearing on

behalf of respondents 5 to 7. Learned counsel for respondents 5

to 7 would submit that the allegations of the petitioner are not

WPC.19052/2010 F 2

correct and if the petitioner is granted the relief sought, she will

misuse the same. He would further submit that respondents 5 to

7 have no intention to cause any threat to the life of the

petitioner as apprehended by her. We record the said

submission. Learned Government Pleader would submit that a

rowdy history sheet has been opened against the petitioner. It is

submitted that several crimes have been registered against the

petitioner and this Writ Petition is to be viewed as an attempt to

stall the proposed proceedings under the Kerala Anti Social

Activities (Prevention) Act, 2007.

3. In view of the apprehension of the petitioner, we,

besides recording the submission of the learned counsel for

respondents 5 to 7 that they have no intention to cause any threat

to the life of the petitioner, direct that if the petitioner reports

any such incident before respondents 2 to 4, they shall take

appropriate measures to secure the life of the petitioner. We

further make it clear that this Judgment shall not be understood

as in any way standing in the way of respondents 1 to 4 taking

WPC.19052/2010 F 3

any action against the petitioner, if such action is warranted in

facts and in law.

The Writ Petition is disposed of as above.

Sd/=

K.M. JOSEPH,
JUDGE

Sd/=
M.L. JOSEPH FRANCIS,
JUDGE
kbk.

// True Copy //

PS to Judge