IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 32321 of 2011(M) --------------------------------------- PETITIONER(S): ---------------------- JOHNY THOMAS, S/O THOMAS, AGED 44 YEARS, IYAKKARAKUDY HOUSE, VENGOLA P.O., ARAYKKAPADY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): -------------------------- 1. THANKAMMA, W/O GOPALAN, AGED 65 YEARS, KOTTAMALI HOUSE, VALAYANCHIRANGARA P.O, VENGOLA P.O, PIN- 683 556, ARAYKKAPADY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 2. BAIJU, S/O GOPALAN, AGED 39YEARS, KOTTAMALI HOUSE, VALAYANCHIRANGARA P.O., PIN- 683 556, ARAYKKAPADY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 3. SUB INSPECTOR POLICE, PERUMBAVUR POLICE STATION. PIN-683 542 4. THE SUPERINTENDENT OF POLICE, ERNAKULAM (RURAL), ALUVA PIN- 683 101. R3 & R4 BY SR. GOVT. PLEADER MR.M.K. ABOOBACKER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 32321 of 2011(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF SALE DEED NO. 1741/2011 DTD. 08.04.2011 OF PERUMBAVUR SUB REGISTRAR OFFICE. EXT.P2 TRUE COPY SALE DEED NO.1742/2011 DTD.08.04.2011 OF PERUMBAVUR SUB REGISTRAR OFFICE. EXT.P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE FORTH RESPONDENT.DTD.29.11.2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 32321 OF 2011 ------------------------ Dated this the 9th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. On considering this writ petition seeking directions against what is described as harassment by police, we directed the Government Pleader, who took notice on behalf of respondents 3 and 4 ,to seek instructions from the concerned police officer as to the correctness of the accusations. 2. Today Sri.M.K.Aboobacker learned senior Government Pleader submitted that accusations of police harassment are without basis. The 4th respondent - Superintendent of Police received a complaint from respondents 1 and 2. The complaint was to the effect that the 2nd respondent had availed a loan of Rs.22 Lakhs from the financing firm of which the petitioner is a partner and as security the respondents 1 and 2 had to convey their residential property in favour of the above financing firm. Since the repayment of the loan was defaulted, as the respondents 1 and 2 did not have financial capacity to pay even W.P.(C) No. 32321 /2011 2 the interest which was being charged at 48% per annum, the petitioner and other partners of the firm became infuriated and they threatened the respondents 1 and 2 with forceful eviction from the residential house. The police intervention was sought for in the complaint submitted before the 4th respondent. The above complaint was made over by the 4th respondent to the Sub Inspector of Police. The Sub Inspector after preliminary enquiry, registered Crime No. 1985/2011 under Sections 13 and 17 of the Kerala Money Lenders Act. The attendance of the petitioner was requested by the police in connection with the investigation into that crime . The petitioner is the 4th accused in the above crime. The action of the 3rd respondent in insisting on the attendance of the petitioner in connection with the investigation of the crime No. 1985/2011 cannot be branded as harassment. Investigation is going on, so submitted the learned senior Government Pleader Mr.Aboobacker. 3. Having considered the submissions of the learned senior Government Pleader, we are of the view that the action of the 3rd respondent in insisting on the attendance of the petitioner in connection with the investigation into crime No.1985/2011 W.P.(C) No. 32321 /2011 3 cannot be branded as police harassment. We decline the relief sought for and dispose of this writ petition directing the petitioner to pursue the remedies available to him under the Code of Criminal Procedure against Crime No.1985/2011. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 32321 /2011 4