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 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 23316 of 2011(L) -------------------------- PETITIONER: --------------- EBIN, AGED 21 YEARS, S/O.IRWIN PERERA, PERUMPALLI THODI THEKKATHIL, (TRA-40), AMRITHAKULAM, MUNDAKKAL VILLAGE, THEKKEVILA, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENTS: --------------------- 1. THE CITY POLICE COMMISSIONER, KOLLAM CITY, KOLLAM DISTRICT-691 001. 2. SUB-INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, KOLLAM DISTRICT-691 011. 3. BINDHU, MUDIYILAZHIKATHU VEEDU, MUNDAKKAL VILLAGE,THEKKEVILA CHERRY, KOLLAM -DISTRICT691 016. GOVT. PLEADER SMT.C.M. CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).23316/11 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- TRUE COPY OF ORDER DT. 1.7.2011 RESPONDENT'S EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE ami/ PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.23316 of 2011 ------------------------------- Dated this the 2nd day of September, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. The petitioner has approached this Court seeking protection against what he describes as 'harassment' by respondents 1 and 2, who are Officers of the police, at the instance of the 3rd respondent. Learned Government Pleader on the basis of instructions received from the police officers submitted that the petitioner is a habitual offender of the locality. He submitted that, the petitioner is accused in Crime.234/2008 u/s452, 506(ii), 324, 326, 427 & 34 IPC, Crime.887/2008 under Section.143, 147, 148, 506(ii), 341, 308, 324, 326, R/w 149 IPC, Crime.353/2007 under Section 294 (b), 324, 34 IPC, Crime.605/2007 under Section 452, 324, 34 IPC of Kollam East Police Station, Crime.101/2010 under Section 341, 294(b), 323, 324, R/w 34 IPC, Crime.102/2010 under Section 143, 147, 148, 294(b), 447, 427, 379, 506(ii), R/w 2 W.P.(C) No.23316 of 2011 149 IPC, 103/2010 under Section 143, 147, 148, 294(b), 447, 427, R/w 149 IPC, 1152/2010 under Section 294(b), 324, 506(i), 34 IPC of Eravipuram Police Station and Crime.586/11 under Section 294(b), 323, 452, 427, 506(ii), R/w 34 IPC of Anchalumoodu Police Station, Crime.683 under Section 279, 109, 34 IPC, 119(1) of MV Act & Sec. 27 Arms Act of Kazhakkoottam Police Station and NDPS Crime.19/2011 of Excise Range, Chathannoor. According to him, the District Magistrate has issued a detention order which can not be implemented so far, as the petitioner absconded while he was on jail in connection with narcotic drug case. In view of the stand taken by the police, we do not find any justification for granting the relief sought for. We dismiss the writ petition, as the action of the police can not be described as 'harassment'. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/