Gireesh Mohan and Rohith Ramachandran v. District Police Chief, Alappuzha and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942** ## **WP(C).No.1187 OF 2021(W)** ## **PETITIONERS:** - **1 GIREESH MOHAN AGED 35 YEARS S/O. MOHANAN PILLAI, PROPRIETOR, ANIZHAM TRAVELS, GEETHALAYAM, VALIYAKUZHI MURI, CHEPPAD VILLAGE, CHEPPAD, ALAPPUZHA.** - **2 ROHITH RAMACHANDRAN AGED 33 YEARS** - **S/O. RAMACHANDRAN, MANAGER, ANIZHAM TRAVELS, UPASANA HOUSE, AYIKKAD MURI, CHEPPAD VILLAGE, CHEPPAD, ALAPPUZHA.** **BY ADV. SRI.K.R.SUNIL** ## **RESPONDENTS:** - **1 THE DISTRICT POLICE CHIEF ALAPPUZHA, PIN-688 012.** - **2 THE CIRCLE INSPECTOR OF POLICE KAREELAKULANGARA POLICE STATION, KAREELAKULANGARA, PIN-690 572.** - **3 THE SUB INSPECTOR OF POLICE HARIPPAD POLICE STATION, HARIPPAD, PIN-690 514.** - **4 RANJITH, AGED 23 YEARS S/O. RAJU, KAIPPALLY KIZHAKKEKANDATHIL HOUSE, KANJOOR, KOTTAKAKAM, CHEPPAD VILLAGE, KARTHIKAPALLY TALUK, ALAPPUZHA, PIN-690 516.** - **5 AKHILRAJ AGED 30 YEARS S/O. RAJENDRAN, RAJ BHAVANAM, VALIYAKUZHI MURI, CHEPPAD VILLAGE, ALAPPUZHA, PIN-690 507.** - **6 GOKUL G.NATH AGED 27 YEARS S/O. GOPINATHAN, NANTHANAM HOUSE, VALIYAKUZHI MURI, CHEPPAD VILLAGE, ALAPPUZHA, PIN-690 507.** WP(C).No.1187 OF 2021(W) 2 **7 SIJO JOHN AGED 29 YEARS S/O. JOHN SAMUEL, SIJO VILLA, VALIYAKUZHI MURI, CHEPPAD VILLAGE, ALAPPUZHA, PIN-690 507.** **R1-R3 BY GOVERNMENT PLEADER SRI SUNIL NATH N.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.1187 OF 2021(W) 3 ## **JUDGMENT** The 1[st] petitioner is a non-resident Indian and proprietor of Anizham Travels and the 2[nd] petitioner the Manager of that Travels, which is situated near Kanjoor Devi Temple. The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 3 to afford adequate and effective police protection to the life and properties of the petitioners and for the smooth conduct of business of the establishment, namely, Anizham Travels, Geethalayam, Valiyakuzhi Muri, Cheppad Village, Cheppad. In the writ petition it is alleged that, on 03.01.2021, at about 11.30 am, respondents 4 to 7 trespassed into the Office of Anizham Travels, shouted abusive words on the 1[st] petitioner and his parents and attacked the 2[nd] petitioner with a dangerous weapon. They also committed theft of a gold chain and caused damages to a vehicle parked in front of of the Travels. Based on the statement given by the 2[nd] petitioner, the Police registered Crime No.20/2021 of Kareelakulangara Police Station. 2. On 15.01.2021, when this writ petition came up for admission, the learned Government Pleader took notice on WP(C).No.1187 OF 2021(W) 4 admission for respondents 1 to 3. Urgent notice on admission by special messenger was ordered to respondents 4 to 7, returnable by 18.01.2021. The learned Government Pleader was directed to get instructions. 3. On 18.01.2021, respondents 4 to 7 entered appearance through counsel and sought one week's time to file counter affidavit. The learned Government Pleader also sought further time to get instructions from respondents 2 and 3. By an interim order, respondents 2 and 3 were directed to ensure that there is no threat to law and order in the locality, at the instance of respondents 4 to 7. 4. Along with the memo filed by the learned Government Pleader dated 30.01.2021, a statement on behalf of the 3[rd] respondent Sub Inspector of Police is placed on record. As can be seen from the said statement, a crime has already been registered against the party respondents as Crime No.20/2021 of Kareelakulangara Police Station under Sections 143, 147, 149, 451, 323, 324, 326 and 427 IPC, which is pending investigation. 5. Heard the learned counsel for the petitioners and also the learned Government Pleader appearing for respondents 1 to 3. WP(C).No.1187 OF 2021(W) 5 6. The Kerala Police Act, 2011 is enacted to consolidate and amend the law relating to the establishment, regulation, powers and duties of the Police Force in the State of Kerala and for matters connected therewith and incidental thereto. Chapter II of the Act deals with duties and functions of Police. Section 3 of the Act deals with general duties of Police. As per Section 3, the Police, as a service functioning category among the people as part of the administrative system shall, subject to the Constitution of India and the laws enacted thereunder, strive in accordance with the law, to ensure that all persons enjoy the freedoms and rights available under the law by ensuring peace and order, integrity of the nation, security of the State and protection of human rights. Section 4 of the Act deals with functions of Police. As per Section 4, the Police Officers shall, subject to the provisions of the Act, perform the functions enumerated in clauses (a) to (s) of Section 4. As per clause (a), the Police Officers shall enforce the law impartially; and as per clause (b), the Police Officers shall protect the life, liberty, property, human rights and dignity of all persons in accordance with the law. 7. Lord Denning in 'The Due Process of law' [First Indian WP(C).No.1187 OF 2021(W) 6 ## Reprint 1993, Page 102] has described the role of the Police thus; "In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, well-trained and well-disciplined force or police whom it can trust, and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice. The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house without authority. They must not use more force than the occasion warrants." 8. In **Manohar Lal Sharma v. Principal Secretary** **[(2014) 2 SCC 532]** the Apex Court held that, one of the responsibilities of the police is protection of life, liberty and property of citizens. The investigation of offences is one of the important duties the police has to perform. The aim of investigation is ultimately to search for truth and bring the offender to the book. The Apex Court reiterated the said principle in **Ankush Maruti Shinde v. State of Maharashtra [(2019) 15 SCC 470]** . Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, this Court finds that a crime has already registered against respondents 4 to 7 in connection with the incident that happened WP(C).No.1187 OF 2021(W) 7 on 03.01.2021, as Crime No.20/2021 of Kareelakulangara Police Station, which is pending investigation. The learned Government Pleader, on instructions, would submit that at present there is no law and order issues in the locality. In such circumstances, this writ petition is disposed of with the following directions: - (i) In case there is any threat to the life and property of the petitioners from the side of respondents 4 to 7 or their men, the petitioners shall move the 3[rd] respondent Station House Officer with a request for Police protection. - (iii) In case any such request for Police protection is made by the petitioners, the 3[rd] respondent shall take necessary action on that request, without any delay, taking note of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra. No order as to costs. Sd/- ## **ANIL K.NARENDRAN** JV ## **JUDGE** WP(C).No.1187 OF 2021(W) 8 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE IST RESPONDENT DATED 8.1.2021. EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 8.1.2021. EXHIBIT P3 THE TRUE COPY OF THE RECEIPT ISSUED BY THE IST RESPONDENT. EXHIBIT P4 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT.**