K V M HOSPITAL Vs. DISTRICT POLICE CHIEF

JUDGEMENT

(1.) The petitioner, a hospital, was before this Court seeking police protection to carry on its function in a peaceful manner, without any obstruction or interference from respondents 4 and 5. Yet another relief sought was to grant police protection to remove the stage, pandhal and flag posts erected by respondents 4 and 5 near the entrance of the hospital on the footpath of the National Highway 47 and also to prevent staging of any political demonstrations in and around 250 meters radius of the hospital premises.

(2.) During the pendency of the Writ Petition, allegations and counter-allegations were made and this Court by order dated 10-11-2017 noticed the contentions of either parties. The said order is extracted here under:

(3.) Going by the materials on record including the photographs, we took serious note of things, when the learned Government Pleader sought for time to get further instructions and it was, accordingly, that the matter is listed today. The Deputy Superintendent of Police, Cherthala and the Sub Inspector of Police, Cherthala are present before this Court. Based on the instructions obtained, the learned Government Pleader submits that the photographs produced actually do not reflect the correct position and that it was only a stray incident when a demonstration was made by some activists belonging to AYFI who came there on 19.10.2017, which lasted only for a few minutes and it was averted immediately, also registering a crime against the persons concerned. The learned Government Pleader submits that, in connection with the incident occurred on 15.10.2017, a crime was registered as Crime No.3037/2017, whereby 6 persons were arrested. Another crime was registered with regard to the instance which occurred on 19.10.2017, Crime No.3083/2017, whereby 10 persons were arrested. It is also brought to the notice of this Court that, the organisation 'AIYF', conducted a march into the premises and also to the residence of the Director of the hospital. It was with reference to the second instance (march to the residence of the Director) , that a crime came to be registered as Crime No.3084/2017 and the assailants were arrested. On 20.10.2017, another organisation 'Yuvamorcha' conducted a march to the hospital and tried to cause blockage, which was prevented by the Police about 100 metres away from the spot and registered Crime No.3089/2017 and 10 persons were arrested for various offences. It is pointed out that altogether 5 crimes have been registered, including the above mentioned crimes and a total of 36 persons have been arrested. The learned Government Pleader submits that investigation has already been completed and charge sheet has been submitted in 4 crimes, in terms of Section 173(2) of the Code of Criminal Procedure. Investigation in respect of the crime registered in the Mararikulam Police Station is also being pursued and this will also be finalised within a short while.