IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 19694 of 2011(J) -------------------------- PETITIONER(S): --------------- 1. CHULLILE PEETIKAYIL RABIYATH, W/O.A.T.HASHIM, HOUSEWIFE, RESIDING AT CHULLILE PEETIKAYIL HOUSE, AZHIKODE AMSOM DESOM, KANNUR TALUK AND DISTRICT. 2. C.P.SHAMSIYA, D/O.A.T.HASHIM, PHYSIOTHERAPIST, AGED 24 YEARS, RESIDING AT CHULLILE PEETIKAYIL HOUSE, AZHIKODE AMSOM DESOM, KANNUR TALUK AND DISTRICT. BY ADV. SRI.K.M.MOHAMMED KUNHI SMT.RUKHIYABI MOHD KUNHI RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT SUPERINTENDENT OF POLICE,CIVIL STATION ANNEX, KANNUR-670002. 2. THE SUB INSPECTOR OF POLICE, VALAPATANAM POLICE STATION, P.O.VALAPATANAM, KANNUR DITRICT. 3. ABDUL SALAM.K., S/O.ERAMULLAN, AGED 49 YEARS,RESIDING AT KURIKKALAKATH HOUSE, PUNNAKKAPARA, AZHIKODE AMSOM, KANNUR TALUK AND DISTRICT. 4. PRASOON, ROOM NO.12, JUBILEE COMPLEX, NEAR P.V.S.BAR, ONDEN ROAD, KANNUR. 5. C.V.JAGADEESH, VEGETABLE MERCHANT, RESIDING AT CHAPPAYULLA VALAPPIL HOUSE, AZHIKODE SOUTH, KANNUR-670 009. BY GOVT.PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19694/2011 APPENDIX PETITIONERS' EXHIBITS: EXT.P1: COPY OF POWER OF ATTORNEY EXECUTED BY SHAMSIYA, R2, IN FAVOUR OF HER FATHER HASHIM DATED 6/1/2011. EXT.P2: COPY OF AGREEMENT EXECUTED BETWEEN HASHIM AND THIRD RESPONDENT DATED 13/1/2011. EXT.P3: COPY OF COMPLAINT SUBMITTED BY FIRST PETITIONER IN FAVOUR OF SHO VALAPATANAM DATED 25/5/2011. EXT.P4: COPY OF COMPLAINT SUBMITTED BY HASHIR, SON OF FIRST PETITIONER BEFORE THE FIRST RESPONDENT DATED 26/5/2011. EXT.P5; COPY OF LAWYER NOTICE SENT BY ADV. KISHORE KUMAR 22/6/20. EXT.P6; REPLY TO EXT.P5 ISSUED BY ADV. K.P. SUBHASH CHANDRAN, DATED 4/7/11 /RUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.19694 OF 2011 ------------------------ Dated this the 4th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. On considering this writ petition seeking directions against alleged harassment by the police, this court on 20/7/2011 passed an interim order. We are informed by the learned counsel for the petitioner that thanks to the above interim order the marriage of the first petitioner's daughter could be conducted smoothly. The learned counsel submitted that even after the marriage, there is continued harassment by the police. It was submitted that the police are compelling the petitioners to execute documents pertaining to their property. 2. The learned Government Pleader submitted that the accusations of harassment are without any truth. The petitioners are accused Nos. 2 and 3 in Crime No. 473/2011 of Valapatanam Police Station. Offence alleged against the petitioners are under Sections 420, 468 , 471 and read with section 34 IPC. The crime is under investigation. The attendance of the petitioners WPC.No.19694/2011 2 may be necessary in connection with the investigation of the crime. There will not be any harassment as the petitioners allege. The police are not compelling the petitioners to execute any document. The truth is that the documents have been fabricated by the petitioners and their co-accused and they have defrauded the Karnataka Bank by utilising such documents. We record all the submissions of the learned Government Pleader and dispose of this writ petition directing the Police to continue with the investigation and to file final report at the earliest. If attendance of the petitioners is required by the police in connection with any further complaint or petition, notice will be issued by the police to them under Section 160 of Cr.P.C. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk WPC.No.19694/2011 3