IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 8256 of 2008(G) ---------------------------------------- PETITIONERS: ---------------------- 1. AYYAPPAN, S/O. RAMAN, KADAKKAL VEEDU, ARINGUNDU WARD, THALAVOOR P.O., KOLLAM. 2. SANKU @ SOMAN,S/O.GOVINDAN, ALUPURATH VEEDU, PERUMKULAM MURI, MYLAM VILLAGE, KOTTARAKKARA, KOLLAM. BY ADV. SRI.BLAZE K.JOSE RESPONDENTS: ------------------------- 1. SUPERINTENDENT OF POLICE, KOLLAM 2. CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION KOTTARAKKARA. *ADDL.R3 IS IMPLEADED: R3. SURENDRAN PILLAI, POLICE CONSTABLE, S/O.JANAKIKUTTY AMMA, PALATHITTA VEEDU, PERUMKULAM MURI, MULOM VILLAGE, KULAKKADA VILLAGE, KOTTARAKKARA. IS IMPLEADED AS ADDITIONAL R3 AS PER ORDER DTD. 19/03/2008 IN I.A.NO.4016/08. BY SR. GOVERNMENT PLEADER SRI. BENJAMIN PAUL – R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8256/2008 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER IN E.P.NO.96/02 IN O.S.NO.299/80 OF THE MUNSIFF'S COURT, KOTTARAKKARA DTD. 10/07/2003. EXT.P2: COPY OF THE ORDER IN BA NO.183/2005 DTD. 25/01/2005 OF THE HON'BLE HIGH COURT OF KERALA. EXT.P3: COPY OF THE ORDER IN BAIL APPLICATION NO.4710 OF 2005 DTD. 16/08/2005 OF THE HON'BLE HIGH COURT OF KERALA. EXT.P4: COPY OF THE COMPLAINT DTD. 5/03/2008 SUBMITTED TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.BALAKRISHNAN NAIR & V.K.MOHANAN, JJ. ----------------------------------------------------- W.P.(C)No.8256 OF 2008 ----------------------------------------------------- DATED THIS THE 6th DAY OF OCTOBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners allege, they are being incessantly harassed by the police at the instance of the 3rd respondent, who is a police constable. 2. The learned Government Pleader upon instructions submitted that a crime has been registered by the Kottarakara Police for the offence under Section 436 IPC. The petitioners are suspects in that case. The learned Government Pleader further submitted that, if their presence is required in connection with the investigation of the said case, notice under Section 160 of Cr.P.C. will be served on them. This submission is recorded and the Writ Petition is disposed of. K.BALAKRISHNAN NAIR, JUDGE. V.K.MOHANAN, JUDGE. dsn