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Kerala High Court

M/S.Indusind Bank Ltd vs State Of Kerala on 20 May, 2015

Author: Ashok Bhushan

Bench: Ashok Bhushan, A.M.Shaffique

       

  

   

 
 
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT:

       THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN
                                &
            THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

     WEDNESDAY, THE 20TH DAY OF MAY 2015/30TH VAISAKHA, 1937

                  WP(C).No. 14721 of 2015 (M)
                  ----------------------------

PETITIONER(S) :-
------------------

       M/S.INDUSIND BANK LTD.,
       A BANKING COMPANY INCORPORATED UNDER THE COMPANIES ACT
       HAVING ITS REGISTERED OFFICE AT 2401,
       GEN.THIMMAYYA ROAD, CONTONEMENT, PUNE
       AND HAVING STATE OFFICE AT RAMABHAVAN
       NEAR PARUTHELIPALAM, NEAR TOLL JUNCTION, EDAPPALLY
       REPRESENTED BY ITS LEGAL MANAGER, PARTHEESH S.

       BY ADV. SRI.VARGHESE C.KURIAKOSE

RESPONDENT(S) :-
------------------

    1. STATE OF KERALA
       REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFAIRS
       SECRETARIAT, TRIVANDRUM-695001.

    2. THE COMMISSIONER OF POLICE
       COCHIN CITY, ERNAKULAM-682031.

    3. ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA-682301.

    4. CIRCLE INSPECTOR OF POLICE, KALAMASSERY-682030.

    5. SUB INSPECTOR OF POLICE
       KALAMASSERY, KALAMASSERY POLICE STATION
       KALAMASSERY-682030.

    6. LATHEESH K.I., S/O.KOCHUNARAYANAN PILLAI
       RESIDING AT PARATHUR HOUSE, AMBALATHUMKALA P.O.
       CHANDOOR, KOTTARAKKARA, KOLLAM-691505.

       BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR

       THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR ADMISSION
ON 20-05-2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

WP(C).No. 14721 of 2015 (M)
----------------------------

                            APPENDIX

PETITIONER(S)' EXHIBITS :-
----------------------------

EXT.P1 : TRUE COPY OF THE TRASFER ORDER EFFECTED ON 12-11-14.

EXT.P2 : TRUE COPY OF THE WRITTEN LETTER DT.15-12-14 BY R6 WITH
TRANSLATION.

EXT.P3 : TRUE COPY OF THE LETTER DT.29-4-15.

EXT.P4 : TRUE COPY OF THE SUSPENSION ORDER DT.11-5-15.

EXT.P5 : TRUE COPY OF THE APPLICATION FOR POLICE PROTECTION WAS
FILED BY THE PETITIONER FOR THE STATE OFFICE AND ITS OFFICERS
WITH R2.

EXT.P6 : TRUE COPY OF THE APPLICATION GIVEN TO R4.

EXT.P7 : TRUE COPY OF THE RECEIPT ISSUED BY R5.

EXT.P8 : TRUE COPY OF THE REGISTRATION SLIP.


RESPONDENT(S)' EXHIBITS :- NIL
-------------------------------


                          //TRUE COPY//



                          P.S. TO JUDGE



                    ASHOK BHUSHAN, CJ
                                &
                     A.M.SHAFFIQUE, J

           ----------------------------------------------

                 W.P(C).No. 14721 of 2015

           ----------------------------------------------

              Dated this the 20th May, 2015

                          JUDGMENT

Shaffique, J.

Petitioner is a banking institution, which has approached this Court seeking police protection. It is submitted by learned counsel for the petitioner that the 6th respondent, who was working in the Bank, had to be suspended on account on certain misconducts. The learned counsel also submitted that the 6th respondent along with certain other persons may try to interfere with the functioning of the Bank and create nuisance, which will affect the reputation of the Bank as well as it will cause serious damage and injury to the petitioner as well as its working staff. It is submitted that though the petitioner had given certain complaints to the Police alleging threat from the 6th respondent, the Police is not taking any action.

WP(C).14721/15 2

2. The learned Government Pleader, on instructions, would submit that the Police had visited the Bank on 29.4.2014 and thereafter there is no such incident. Further it is submitted that the Police will take necessary precautions, if there is any threat from the 6th respondent creating any nuisance.

3. Having regard to the aforesaid submission, we do not think it necessary to issue any direction as prayed for. However, we only observe that if there is any threat from the 6th respondent or any other person, on the complaint of the Bank the Police shall look into the matter and do the needful.

With the above observation, the Writ Petition is dismissed.

Sd/-

ASHOK BHUSHAN CHIEF JUSTICE Sd/-

A.M.SHAFFIQUE JUDGE vgs21/5/15