Court emphasized the necessity of police protection for witnesses facing threats in relation to serious offenses.

JUDGMENT

Petitioners seek police protection for their lives and also seek a direction to initiate action for violation of bail conditions.

2. Respondents 4 and 5 are arrayed as accused in Crime No.391 of 2024 of Kanjiramkulm Police Station. Pursuant to the registration of Ext.P1 FIR, a final report has been filed as Ext.P2. The petitioner is a witness to the said crime and had given a statement to the police, which apparently led to the arrest of respondents 4 and 5 and the subsequent filing of the final report in the said crime. As petitioners had given statements against respondents 4 and 5, they allegedly attacked the petitioners on 12.10.2024, with the intention to murder, for which Crime No.918 of 2024 of Kanjiramkulam Police Station has been registered for offences including Section 109 of BNS, 2023. According to the petitioners, though respondents 4 and 5 have been granted bail in Crime No.391 of 2024, the very fact that they attacked the petitioners indicate that they have violated the bail conditions, and therefore, the Investigating Officer ought to have sought for cancellation of the bail. It is also the claim of the petitioners that their lives are under threat and hence police protection ought to be afforded to them, and hence they have approached this Court with this writ petition.

3. The learned counsel appearing for respondents 4 and 5 submitted that the said respondents have absolutely no intention to cause any harm to the petitioners and that the allegations are totally false. It was also submitted that respondents 4 and 5 are law-abiding citizens and have not committed any offence as alleged.

4. The learned Government Pleader, on the other hand, submitted that the conditions imposed while granting bail to respondents 4 and 5 prevents any possible threat to the petitioners. It was however, submitted that since Crime No.918 of 2024 of Kanjiramkulam police Station has been registered, they have already sought for cancellation of the bail granted to respondents 4 and 5 in Crime No.391 of 2024.

5. Having heard the learned counsel for the petitioner, the learned counsel for respondents 4 and 5 as well as the learned Government Pleader, I am of the view that the writ petition can be disposed of with a direction.

6. The apprehension of petitioners regarding the threat to their life from respondents 4 and 5 seems to be genuine. Crime No.918 of 2024 of Kanjiramkulam Police Station has been registered due to the alleged attack by respondents 4 and 5 and their associates.

Even though the learned counsel for the respondents 4 and 5 submitted that they will never harm the petitioners, by virtue of their past conduct, the said submission cannot be taken on its face value.

7. Being witnesses to a serious offence, including the offence of attempt to murder, I am of the view that the 3^rd respondent must afford adequate and effective police protection to the petitioners so as to ensure that the life of the petitioners is not threatened under any circumstances.

Hence, there will be a direction to the 3^rd respondent to afford adequate and effective police protection to the life of the petitioners who shall take steps to avert any threat or harm from respondents 4 and 5.

The writ petition is allowed as above.

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