IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 29195 of 2010(Y) ------------------------------------- PETITIONER(S): --------------------- 1. ALEX EMMANUEL, SON OF EMMANUEL, VELLARINGAT HOUSE, PULAYANNOOR-686573, PALA, NOW RESIDING AT VELLARINGAT HOUSE, P.O.MANAKKAD, THODUPUZHA. 2. THOMSON EMMANUEL, DO-DO- BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.M.A.AUGUSTINE RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, VARANDARAPILLY POLICE STATION, VARANDARAPILLY, THRISSUR DISTRICT. BY ADGP SRI.P.N.SUKUKARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.29195 of 2010-Y ---------------------------------------------- Dated, this the 23rd day of September, 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court complaining of harassment by the 2nd respondent. Briefly put, the case of the petitioners is that petitioners are the sons of late Emmanuel of Vellaraingat House, Pala. It is stated that petitioners have got information that a police constable came over to Thodupuzha and enquired the whereabouts of the petitioners and that petitioners are the accused in Crime No.280 of 2004 of the Varandarappilly police station. In short, the case of the petitioners is that it is a case of mistaken identity. Petitioners are not accused who are covered by Ext.P1 FIR. They have produced Ext.P2 and P2(a) identity cards issued by the Election Commission besides Ext.P3 identity card issued by the Mahatma Gandhi University in respect of the Ist petitioner and Ext.P4 part of S.S.L.C Book in respect of the 2nd petitioner. WPC 29195/2010 -2- 2. Learned Additional Director General of Prosecution, on instructions, submits that they received information that petitioners may be the persons, but they have decided to conduct an enquiry into the matter and it is upon being satisfied about the identity of the accused persons that any further steps will be taken in the matter. We record the said submission and close the writ petition. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS