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2008 Supreme(Ker) 721

K.BALAKRISHNAN NAIR, M.C.HARI RANI
Sabu – Appellant
Versus
Assistant Commissioner Cantonment Police Station – Respondent


JUDGMENT

K. Balakrishnan Nair, J.

1. The petitioner availed a loan from the Thiruvananthapuram branch of the H.D.F.C. Bank Ltd., for purchasing a Skoda car. He committed default in paying a few monthly instalments. Though he was willing to clear the defaulted instalments, the 2nd respondent moved the Criminal Court by filing a complaint against him under S.138 of the Negotiable Instruments Act. The respondents 2 and 3, who are respectively the Deputy Manager and Senior Manager of the said Bank, threatened the petitioner that they will take the vehicle by force, unless he surrenders the same to them. On 13/06/2008, the 2nd respondent along with five local goondas stopped the petitioner vehicle near Kowdiar and tried to take it by force. Later, on 18/06/2008 the 2nd respondent along with eight goondas, armed with deadly weapons, stopped the petitioner vehicle near Nanthencode. They threatened to kill the petitioner unless he surrenders the vehicle to the 3rd respondent. Immediately, the petitioner approached the 1st respondent Assistant Commissioner of Police and requested for police protection to his life and property. Again, on 09/07/2008, while the petitioner was returning home, the







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