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2012 Supreme(Ker) 857

K.M.JOSEPH, K.HARILAL
VIBIN P. V. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SRI.A.G.BASIL
For the Respondents:RR BY ADV. ADDL.ADVOCATE GENERAL SRI. K.A. JALEEL
R7 BY ADV. SRI.MANSOOR.B.H.
RR5 & 6 BY ADV. SRI.S.RAJEEV
RR5 & 6 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN
R BY GOVERNMENT PLEADER

JUDGMENT

K.Harilal, J.

Case of the petitioner in brief is as follows:

Mr. P.V.Vipin, a young lawyer aged 25, practising at Cochin who hails from a poor family of a backward community is the petitioner in this writ petition. On 14th April 2012 while the petitioner was returning home riding his motor cycle, after watching a 2nd show film, the police squad on patrol duty of Njarackal Police Station consisted of the respondents 5 to 7 intercepted the vehicle and cane charged him brutally. In the said assault, the petitioner has lost five teeth. The 5th respondent who is working as Home Guard has no authority under law to manhandle the petitioner. The assault committed by the respondents 5, 6 and 7 is nothing but a brutal attack upon an innocent lawyer. He was hospitalised and further referred to Amrita Institute of Medical Sciences for expert treatment. Ext.P1 is the paper report with photograph of the petitioner describing the incident published in Deccan Chronicle dated 16/04/2012. Ext.P2 is the photograph showing profuse bleeding from the teeth socket of the upper jaw of the petitioner and blood splashed on the motor bike. The action of the police is an infringement of the right to lif


































































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