IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 WP(C).No. 12436 of 2010(D) -------------------------------------- PETITIONER(S): ---------------------- SIMON, S/O. ARALAPPAN NADAR, AGED 49, ANJANABHAVAN, MAILAKKAVU, MANNAMKONAM P.O., VELLARADA PANCHAYAT, NOW RESIDING AT ARIVATTUKONAM, ROAD ARIKATHU VEEDU, MANNAMKONAM P.O. BY ADV. SRI.S.NIRMAL KUMAR RESPONDENT(S): ------------------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. HOME SECRETARY, SECRETARIAT, KERALA STATE, THIRUVANANTHAPURAM. 3. S.I. OF POLICE, VELLARADA POLICE STATION, NEYYATTINKARA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.12436 of 2010-D ---------------------------------------------- Dated, this the 17th day of May, 2010 J U D G M E N T K.M.Joseph, J. Petitioner complains police harassment. 2. Briefly put, the case of the petitioner is as follows:-- Petitioner is residing with his wife and three children. His daughter met with an accident and is continuing treatment. His son is a partially blind boy. Petitioner happened to be accused in 14 theft cases in different parts of the State. Most of the cases were in connection with the seizure of defaulted vehicles of some finance companies. It is stated that petitioner is on bail. It is stated that petitioner is not able to carry on a family life with his wife and ailing children. Often police personnel came and took the petitioner into custody, detained him in certain unknown places for days, interrogated him using unlawful means and release him. Reliance is placed on the decisions reported in D.K.Basu vs. State of West Bengal (AIR 1997 SC 610) and State of Maharashtra vs. Christian Community Welfare Council of India (2003 (8) SCC 546). 3. Learned Government Pleader, on instruction, would submit that there is a non-bailable warrant by the JFCM- III, Thiruvananthapuram and the petitioner is evading its WPC 12436/2010 -2- execution. It is submitted that there is no harassment otherwise. Learned counsel for the petitioner does not dispute that there is a warrant issued. 4. Under the cover of police harassment petitioner cannot ask this Court to stay the hands of the police authorities if they attempt to execute the warrant in accordance with law. Leaving it free to the authorities to proceed against the petitioner in the matter of execution of warrant in accordance with law and leaving it also free to the petitioner to take up his complaints against any police officer before the police complaint authorities, the writ petition is disposed of. If the presence of the petitioner is otherwise required for the purpose of interrogating him, necessarily it shall be preceded by the issuance of notice as contemplated under the Code of Criminal Procedure. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS