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2018 DIGILAW 612 (KER)

Benny Correya v. Station House Officer

2018-07-30

DEVAN RAMACHANDRAN, P.R.RAMACHANDRA MENON

body2018
JUDGMENT Devan Ramachandran, J. The petitioners, who claims to be husband and wife, have approached this Court alleging that the third respondent and respondents 4 to 8, who are stated to be acting under her, are meting out threat to them and are intimidating them and for such reason, they pray that the respondents 1 and 2, who are the concerned police officials incharge of the area where they are residing, be directed to afford them adequate and effective police protection. 2. From the pleadings on record, we notice that the reason alleged for the 3rd respondent to harbour animosity towards the petitioners is because her daughter had chosen to elope with the petitioners’ driver. The petitioners allege that the third respondent and respondents No. 4 to 8 acting under her, are threatening them, enquiring where the 3rd respondent’s daughter is and that since they are not aware of her whereabouts, they are now in constant fear of being attacked by the respondents 3 to 8. 3. The learned Government Pleader, appearing on instructions from respondents 1 and 2, submits that, in fact, the daughter of 3rd respondent has already been traced out and that she was produced before this Court in W.P.(Crl.) No. 284 of 2018, which is a Writ Petition filed by the 3rd respondent, seeking the issuance of a writ of habeas corpus to produce her daughter. The learned Government Pleader points out that in the said Writ Petition, a Division Bench of this Court has already permitted the 3rd respondent’s daughter to live with the man of her choice, namely the driver of the petitioners. 4. Taking note of the afore submissions, we deem it appropriate to order this Writ Petition and direct the 1st respondent, Station House Officer, Peermade to ensure that lives of the petitioners are sufficiently protected and that if any complaint is made by them against respondents 3 to 8 or anybody else regarding the attempt to commit or commission of any cognizable offence, necessary action shall be taken in terms of law. 5. It goes without saying that Police are always legally bound to maintain law and order in the area even without specific orders from this Court.