IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 25594 of 2011(Y) -------------------------- PETITIONER(S): --------------- JAYAKUMAR.S., AGED 28 YEARS, S/O.SELVAN, KADUKKARATHALA VEEDU, KOOTTAMVILA, CHITTATTINKARA, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM-695 013. BY ADV. SRI.SAJEEV.T.P. SMT.K.RAJANI RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. STATION HOUSE OFFICER, POOJAPPURA POLICE STATION, THIRUVANANTHAPURAM-695 012. GOVT.PLEADER SRI.T.K.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 25594 OF 2011 ------------------------ Dated this the 11th day of October, 2011 JUDGMENT Abdul Rehim, J. This writ petition is filed seeking directions for release of the petitioner's Motorcycle bearing Registration No. KL-01-D-9144 and also for directing the 2nd respondent to restrain from harassing the petitioner on the basis of any frivolous or fake allegations. 2. When this writ petition came up for consideration, we directed the Government Pleader to get instructions as to the veracity of the accusations made. Today, Sri.T.K.Vipindas, learned Government Pleader appearing on behalf of the respondents submitted that, the petitioner is the Driver of a prime accused who was implicated in crime No.549/2011 registered at Varapuzha Police station, with respect to rape conducted on a minor girl by so many persons at the intervention of a sex - racket. According to the respondents the Motorcycle in question was abandoned by the petitioner when he ran away WPC.No.25594/2011 2 on seeing the police party who went in search of the above said accused. In fact, the petitioner was questioned by the investigating officer during the course of investigation of the above said case, but no materials are available, as on today, to implicate him as accused in above crime, is the submission made. The learned Government Pleader further submitted that the Motorcycle kept at the Station House Poojappura can be released to the petitioner, if he approaches for the same. 3. From the facts and circumstances , we notice that at present the petitioner is not implicated as accused in the case referred to. Therefore we direct the respondents that, if presence of the petitioner is required for any purpose of investigation of the case referred above, notice as contemplated under Section 160 of Cr.P.C should be issued to him. We further direct the 2nd respondent to release the Motorcycle in question to the petitioner on getting proper receipt. We make it clear that the above direction will not stand in the way of the respondent implicating the petitioner as accused in the above case, if any incriminating evidence is available against him during the course of investigation. Needless to say that on WPC.No.25594/2011 3 the event of arrest, all the procedural formalities stipulated under Section 41A to 41D of Cr.P.C. should be strictly adhered to. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk