High Court of KeralaSingle Judge2021-03-12Disposed of with directions; no order as to costs.

RUKHIA P.M. v. Circle Inspector of Police Hosdurg Circle, Kasargod; Sub-Inspector of Police, Hosdurg Police Station, Kasargod; Rafeeque Pallipuram; Asharudheen V.K; The State of Kerala

Case / Petition Number:WP(C).No.1827 OF 2021(C)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Anil K. Narendran
Judgment Date: 2021-03-12
Court Decision / Holding: Writ petition disposed of with directions: the 1st respondent SHO shall ensure no threat to law and order at the instance of respondents 3 and 4 or their supporters; if there is threat, the petitioner may request police protection, and the 1st respondent shall act on such request promptly; no order as to costs.
Final Disposition: Disposed of with directions; no order as to costs.

Parties to the Case

Appellants / Petitioners

RUKHIA P.M. aged 45 years

Respondents

CIRCLE INSPECTOR OF POLICE HOSDURG CIRCLE, KASARGOD-671 315
THE SUB-INSPECTOR OF POLICE, HOSDURG POLICE STATION, KASARGOD-671 315
SHRI.RAFEEQUE PALLIPURAM, S/O ABDUL AZEEZ, R/AT MORAKKAL HOUSE, CHITHARI P.O.AJANOOR VILLAGE, HOSDURG VILLAGE, KASARGOD-671 316
SHRI.ASHARUDHEEN V.K, S/O MUHAMMED, R/AT V K HOUSE, CHITHARI, AJANOOR VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT-671 316, NOW R/AT A S APARTMENT , F NO 406, KANKANADI, MARKET ROAD, MANGLORE-575 002
THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT , SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

Legal Representation & Advocates

Counsels for Petitioners

• Sri. Arun Chandy

Counsels for Respondents

• Sri Sunil Nath N.B

Case Synopsis & Summary

RUKHIA P.M., the petitioner in WP(C).No.1827 of 2021, seeks a writ of mandamus under Article 226 of the Constitution to compel police protection for herself, her family, and their property against threats allegedly emanating from the 4th respondent and his associates. The petition arises after a December 15, 2020 incident in which respondents 3 and 4 trespassed at the elder sister's residence, assaulted her, and damaged a motor car (KL-60/-4346) during a birthday celebration. Based on a complaint, the Hosdurg Police registered Crime No. 1350/2020 (Ext. P1). The petitioner alleges extortion and intimidation, with the 4th respondent demanding Rs. 40 lakh by coercive means, prompting relocation of the petitioner and her younger son. The petitioner also filed Ext. P4 on 22.12.2020 seeking police protection. The Respondents 1 and 2 acknowledge the crime and state that the investigation is ongoing, while the 3rd and 4th respondents remain absconding. The court cites provisions of the Kerala Police Act, 2011 (Sections 3 and 4) and decisions underscoring police obligations to protect life and property, and to investigate to uncover truth (Manohar Lal Sharma; Ankush Maruti Shinde). In disposal, the court directs the SHO to ensure no threat and to act promptly on any protection request, with no costs.

Provisions of Law Cited

Article 226 of the Constitution of IndiaKerala Police Act, 2011 - Section 3Kerala Police Act, 2011 - Section 4

Legal Doctrines & Maxims

Due Process of law
Protection of life, liberty and property by police
Investigation to search for truth and bring the offender to book
Police must act impartially; must not extort confessions; must not search a house without authority; must not use more force than warranted

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that she and her family face threats from the 4th respondent and his allies, following a December 2020 incident where trespass, assault on the petitioner's elder sister, and property damage occurred. A First Information Report (Crime No. 1350/2020) has been registered. The petitioner requests a writ of mandamus directing the 1st and 2nd respondents to provide adequate police protection and to ensure safety, life and property. She relies on Exts. P1–P5 to illustrate ongoing danger and seeks immediate protection, arguing that the 3rd and 4th respondents are absconding and that the state must act under the Kerala Police Act, 2011 and constitutional guarantees. She also asserts that a preventive precautionary police protection order constitutes an appropriate remedy while the police continue their investigation. Ext. P4 demonstrates persistent threat, including WhatsApp voice messages (Ext. P5).

Contentions of Respondents

The Government Pleader argued that there is no current law-and-order issue; police investigations are ongoing and the accused are absconding; a crime has been registered (Crime No. 1350/2020). The 3rd respondent has filed anticipatory bail applications before this Court; the police are tracing the absconding accused. They argued that there is no need for a mandamus directing ongoing protection in advance; any protection order should be issued only upon a specific request by the petitioner, with due regard to statutory provisions.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Manohar Lal Sharma v. Principal Secretary	(2014) 2 SCC 532	Positive	Court relied on the principle that police protect life, liberty and property; investigation aims to search for truth and bring the offender to book.
Ankush Maruti Shinde v. State of Maharashtra	[(2019) 15 SCC 470]	Positive	A reiteration of the principle that police have a duty to protect citizens' life, liberty and property.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942** ## **WP(C).No.1827 OF 2021(C)** ## **PETITIONER:** **RUKHIA P.M AGED 45 YEARS** **D/O LATE MUHAMMADALI, HOUSE NUMBER 591/A, NEAR RAJEEV COLANY, AJANOOR, HOSDURG TALUK, KASARGOD671 531.** **BY ADV. SRI.ARUN CHANDY** ## **RESPONDENTS:** - **1 CIRCLE INSPECTOR OF POLICE HOSDURG CIRCLE, KASARGOD-671 315.** - **2 THE SUB-INSPECTOR OF POLICE, HOSDURG POLICE STATION, KASARGOD-671 315.** - **3 SHRI.RAFEEQUE PALLIPURAM, S/O ABDUL AZEEZ, R/AT MORAKKAL HOUSE, CHITHARI P.O.AJANOOR VILLAGE, HOSDURG VILLAGE, KASARGOD-671 316.** - **4 SHRI.ASHARUDHEEN V.K, S/O MUHAMMED, R/AT V K HOUSE, CHITHARI, AJANOOR VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT-671 316, NOW R/AT A S APARTMENT , F NO 406, KANKANADI, MARKET ROAD, MANGLORE-575 002.** - **5 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT , SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.** **R1-R2, R5 BY GOVERNMENT PLEADER SRI SUNIL NATH N.B** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.1827 OF 2021(C) 2 ## **JUDGMENT** The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to grant adequate and effective police protection to the petitioner, her family and their property from respondents 3 and 4 and their men. The 4[th] respondent is none other than the petitioner's son and the 3[rd] respondent is the son of the petitioner's elder sister. Going by the averments in the writ petition, on 15.12.2020, respondents 3 and 4 trespassed into the residence of the petitioner's elder sister and manhandled her while the birthday celebration of her grandson was going on. They have also damaged a motor car bearing registration No.KL-60/-4346. Based on her complaint, the 1[st] respondent Station House Officer of Hosdurg Police Station registered Ext.P1 crime against respondents 3 and 4. The 4[th] respondent is demanding Rs.40,00,000/- from the petitioner, by selling her house. The petitioner and her younger son have no other place to reside. Due to the threat from the side of the 4[th] respondent, the petitioner and his younger son are residing away from their home. The petitioner submitted Ext.P4 complaint dated 22.12.2020 before the 2[nd] respondent Sub Inspector of WP(C).No.1827 OF 2021(C) 3 Police, Hosdurg Police Station and thereafter, moved this writ petition before this Court seeking the aforesaid reliefs. 2. On 27.01.2021, when this writ petition came up for admission, the learned Government Pleader, on instructions, submitted that a crime has already been registered against respondents 3 and 4 as Crime No.1350/2020 in Hosdurg Police Station, as evidenced by Ext.P1 First Information Report. The learned Government Pleader took notice on admission for respondents 1, 2 and 5. Urgent notice on admission by speed post was ordered to respondents 3 and 4, returnable by three weeks. By an interim order, respondents 1 and 2 were directed to take necessary steps to ensure that there is no threat to law and order in the locality, at the instance of respondents 3 and 4 or their supporters. Despite service of notice, none appears for respondents 3 and 4. 3. Along with a memo filed by the learned Government Pleader, statement of the 3[rd] respondent Station House Officer is placed on record. In that statement, it is stated that both the accused in Crime No.1350/2020 filed application for anticipatory bail before this Court, which are pending consideration. The Police WP(C).No.1827 OF 2021(C) 4 is taking steps to trace the whereabouts of respondents 3 and 4, who are absconding. 4. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for respondents 1, 2 and 5. Despite service of notice none appears for respondents 3 and 4. 5. 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 WP(C).No.1827 OF 2021(C) 5 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. 6. Lord Denning in 'The Due Process of law' [First Indian 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." 7. 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** WP(C).No.1827 OF 2021(C) 6 ## **Shinde v. State of Maharashtra [(2019) 15 SCC 470]** . 8. The learned Government Pleader would also submit that at present there is no law and order issues. 9. Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, this Court finds that regarding the incident alleged to have occurred on 15.12.2020, the police has registered Crime No.1350/2020 of Hosdurg Police Station, as evidenced by Ext.P1 First Information Report. The investigation in that crime is still going on and respondents 1 and 2 are yet to trace the whereabouts of respondents 3 and 4, who are absconding. Along with the writ petition, the petitioner has placed on record Ext.P2 photographs regarding the incident alleged to have occurred on 15.12.2020 and also Ext.P5 Compact Disk of the continuous threat allegedly made by the 4[th] respondent through whatsapp voice messages. 10. In the above circumstances, this writ petition is disposed of with the following directions: - (i) The 1[st] respondent Station House Officer shall take necessary steps to ensure that there is no threat to law and order in the locality, at the instance of respondents 3 and 4 or their supporters. - (ii) In case there is any threat to the life and property of WP(C).No.1827 OF 2021(C) 7 the petitioner and her younger son from the side of respondents 3 and 4 or their supporters, the petitioner shall move the 1[st] respondent Station House Officer with a request for Police protection. (iii) In case any such request for Police protection is made by the petitioner, the 1[st] 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.1827 OF 2021(C) 8 ## **APPENDIX** ||**APPENDIX**| |---|---| |**PETITIONER'S/S**|**EXHIBITS:**| |**EXHIBIT P1**|**TRUE COPY OF THE FIR BEARING REG NO**| ||**1350/2020 DATED 15.12.2020**| |**EXHIBIT P2**|**PHOTOGRAPHS OF DESTRUCTIONS OF RESIDENCE**| ||**OF THE DEFACTO COMPLAINANT**| |**EXHIBIT P3**|**TRUE COPY OF THE COMPLAINT SUBMITTED**| ||**BEFORE THE SUPERINTENDENT OF POLICE,**| ||**KASARAGOD FILED BY THE DEFACTO COMPLAINT**| ||**DATED 17.12.2020**| |**EXHIBIT P4**|**TRUE COPY OF THE COMPLAINT DATED**| ||**22.12.2020 SUBMITTED TO THE 2ND**| ||**RESPONDENT SEEKING POLICE PROTECTION**| |**EXHIBIT P5**|**VOICE MESSAGE IS RECORDED IN THE CD**|