IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 13082 of 2011(I) ------------------------------------- PETITIONERS: --------------------- 1. MAYA MURUGAN,W/O.S.MUGURAN, "SEETHA BHAVANAM",T.C.NO.20/241(3), SURYA NAGAR,KARAMANA,THIRUVANANTHAPURAM. 2. S.MURUGAN,"SEETHA BHAVANAM",T.C.NO.20/241(3), SURYA NAGAR,KARAMANA,THIRUVANANTHAPURAM. BY ADV. SRI.T.M.ABDUL LATHEEF. RESPONDENTS: ------------------------ 1. THE COMMISSIONER OF POLICE,(DISTRICT CRIME RECORDS BUREAU),THIRUVANANTHAPUAM CITY, THIRUVANANTHAPURAM-695 001. 2. THE ASSISTANT COMMISSIONER OF POLICE, (DISTRICT CRIME RECORDS BUREAU),THIRUVANANTHAPURAM CITY,THIRUVANANTHAPURAM-695 001. 3. MAHADEVAN, T.C.NO.38/525, CHOORAKKATTUPALAYAM JUNCTION,CHENTHITTA, THIRUVANANTHAPURAM-695 001. R1 & R2 BY GOVERNMENT PLEADER SRI. T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13082/2011-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LAWYER NOTICE DTD. 02/04/2008 ISSUED BY THE P.2. TO THE R.3. EXT.P.2: COPY OF THE STATEMENT ISSUED BY THE POLICE. EXT.P.3: COPY OF THE JUDGMENT DTD. 20/06/2008 PASSED BY THIS HONOURABLE COURT IN W.P.(C).NO.14846/2008. EXT.P.4: COPY OF THE ORDER DTD. 01/07/2008 PASSED BY THIS HONOURABLE COURT IN B.A. NO.4203/2008. EXT.P.5: COPY OF THE ORDER DTD. 18/08/2008 PASSED BY THIS HONOURABLE COURT IN B.A. NO.4820/2008. RESPONDENTS' ANNEXURES: ANNEXURE-I: JUDGMENT IN BAIL APPLICATION 4820/08 AND 4926/08 DTD. 18/08/08. ANNEXURE-II: JUDGMENT IN O.S. 1121/08 DTD. 24/05/2010. ANNEXURE-III: LEGAL OPINION IN CRIME NO. 211/08 OF KARAMANA POLICE STATION. //TRUE COPY// P.A. TO JUDGE. Prv. R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.13082 of 2011 ------------------------------------------- Dated this the 29th June, 2011 JUDGMENT Basant, J. The petitioners have come to this Court complaining about harassment by the police. They pray that directions may be issued under Article 226 of the Constitution to put an end to such harassment. 2. It is unnecessary to advert to the sequence of events in this case. Suffice it to say that against the petitioners, a crime has been registered. They are already on bail. The order granting bail imposed conditions on the petitioner. Inter alia the petitioners are directed to report before the investigating officer as and when directed. 3. According to the petitioners, even though they are on bail, they are being unnecessarily harassed by the police officers. The petitioners are being compelled by the police under the influence of third respondent to execute documents. In these circumstances, it is prayed that appropriate directions may be issued under Article WPC No.13082 of 2011 2 226 of the Constitution to put an end to such undeserved harassment against the petitioners by the police officials. 4. The learned Government Pleader appears for the police officials. The learned Government Pleader submits that the allegations are totally false. The petitioners have not been complying with the conditions imposed on them when they were granted bail. As per that condition, they are bound to appear before the investigating officer as and when directed. The police attempted to contact the petitioners, but the petitioners have made themselves scarce. In these circumstances, notice could not be served on the petitioners. The police want to interrogate the petitioners further. It is to ensure that the petitioners are properly summoned to the Police Station that the police have been making efforts to trace the petitioners. The learned Government Pleader on behalf of the police officials undertake that they shall only be interrogated in accordance with law when they appear before the investigating officer as insisted by the conditions imposed on them while granting bail. 5. The learned counsel for the petitioners submits WPC No.13082 of 2011 3 that the petitioners are willing to appear before the investigating officer at any time. No notice has so far been issued. If that is the purpose, the petitioners could have been informed by the investigating officer of the need for their presence for interrogation. If any date is specified by this Court, the petitioners shall appear before the investigating officer, submits the learned counsel. 6. The crime was registered as early as in 2008 and bail was granted to the petitioners in 2008. The petitioners can certainly move the court for deletion of the condition obliging them to report before the investigating officer. So long as that condition remains in force, the petitioners are bound to report before the investigating officer as and when directed. 7. After rendering our anxious consideration to all the relevant inputs, we are satisfied that the following directions can be issued. a) The petitioner shall appear before the investigating officer at 11 a.m. on 11.7.2011. The investigating officer, i.e. the second respondent herein shall be at liberty to question the petitioners till 4 p.m. on WPC No.13082 of 2011 4 that date. If their presence is subsequently required, proper notice shall be issued and their acknowledgement shall be obtained. b) We further make it clear that this order does not in any way affect the right of the petitioners to seek modification of the conditions of bail imposed by the court while granting bail. c) We make it clear that the respondents 1 and 2 shall not in any way compel the petitioners to execute any document against their wish. d) We are satisfied that no further directions need be issued now. This writ petition is accordingly dismissed. sd/- R.BASANT JUDGE sd/- K.SURENDRA MOHAN JUDGE css/ true copy P.S.TO JUDGE