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2026 Supreme(Online)(Ker) 13040

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
THANKARAJAN.Y – Appellant
Versus
STATE POLICE CHIEF, THIRUVANANTHAPURAM – Respondent
WP(C) NO. 46939 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.M.R.SARIN
For the Respondents: AMMINIKUTTY K.

No police protection is required when threats are nonexistent and the crime is undetected.

Headnote:The petitioner sought police protection alleging threats from respondents, following theft of cattle. A crime was filed but later referred undetected. The court determined that since the case was undetected, there was no imminent threat requiring protection. It stated the petitioner can seek police assistance if threats arise again. The petition was thus disposed of with observations regarding the potential future threats.

Table of Content
1. petitioner seeks protection due to prior threats. (Para 1 , 2)
2. court disposes of petition with observations. (Para 3)
3. court finds no current threat due to undetected crime. (Para 4)

JUDGMENT

The petitioner seeks for grant of police protection to his life and property from the threat of respondents 4 and 5. The petitioner alleges that in the year 2003, six cows belonging to him were stolen and he suspected respondents 4 and 5 to be the culprits. Pointing out the above, a crime was registered as FIR No.56/2023 before the Poovar Police Station for the offence under Section 379 IPC . In the meantime, respondents 4 and 5 started threatening the petitioner to withdraw the crime and since the petitioner did not heed to their demands, they have started threatening him.

2. The learned Government Pleader, upon instructions, submitted that Crime No.56/2023 was referred after investigation, as undetected and a report was filed to that effect before the jurisdictional Magistrate on 25.11.2023. Thereafter there has been no reports of any threat or harm being caused to the petitioner by respondents 4 and 5. The learned Government Pleader also submitted that the 4th respondent is a close relative of the petitioner and the intention seems to be to array the 4th respondent, who is employed with BSF, in a crime.

3. Having heard the learned counsel for the petitioner as well as the learned Government Pleader, I am of the view that writ petition can be disposed of.

4. The petitioner’s allegation of theft committed by respondents 4 and 5 have not been detected by the police even after investigation. On the other hand, a report has been submitted referring the crime as undetected. The petitioner has not initiated any further steps pursuant to the said report. 5. Going by the pleadings in the writ petition, the allegation against respondents 4 and 5 is that they threatened the petitioner to compel him to withdraw the FIR. Since the final report in the crime has already been filed referring the case as undetected, I am of the view that the threat alleged by the petitioner cannot be said to subsist even now. Therefore, no specific order of police protection is required to be granted.

However, if in case, any instance of threat from respondents 4 and 5 arises, the petitioner is at liberty to give an intimation to the police in writing requesting for their assistance. If such request is received, the 3rd respondent shall initiate appropriate action to avert such threats to the petitioner’s life.

This writ petition is disposed of with the above observation.

Sd/-

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