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2025 Supreme(Online)(Ker) 58957

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ, J
V.K.THAJUDHEEN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.ASAFALI, SMT.LALIZA.T.Y.
For the Respondents: SRI.GRACIOUS KURIAKOSE, ADGP SRI.C.K. SURESH, SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER SRI.P.VIJAYA BHANU (SR.), SRI.SHANAVAS NALAKATH RANDUPURAYIL, SRI.AJEESH K.SASI, SMT.POOJA PANKAJ, SRI.P.M.RAFIQ, SRI.M.REVIKRISHNAN, SRI.VIPIN NARAYAN, SRI.V.C.SARATH, SRUTHY N. BHAT, SRI.Y. JAFAR KHAN, SR.GOVERNMENT PLEADER

Table of Content
1. description of the incident leading to the case. (Para 1 , 2 , 3 , 4)
2. consequences of wrongful arrest and subsequent issues. (Para 5 , 6 , 10 , 15)
3. allegations against law enforcement and implications of police conduct. (Para 7 , 8 , 9 , 11 , 12 , 13 , 16)
4. responses and justifications by the police regarding actions taken. (Para 14 , 18 , 20 , 21)
5. legal framework for awarding compensation for violation of rights. (Para 30 , 32 , 34 , 40)
6. conclusion and orders on compensation. (Para 53 , 54)

JUDGMENT

This case is about an untold misery of a father who returned to his motherland on a short leave of 15 days to conduct his daughter's marriage. During that period, he was implicated in a criminal case of chain snatching, arrested, and placed under judicial custody for a period of 54 days. This ordeal finally resulted in another 23 days of imprisonment in Qatar for failure to report for duty, and he also lost his job. Seeking compensation, he and his family members have filed this writ petition on the ground that his right to life, guaranteed under Article 21 of the Constitution, was violated.

2. The writ petition is preferred by the victim, his wife, and their

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