IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(C).No. 1543 of 2011(P) ------------------------------------ PETITIONER(S): ----------------------- 1. V.C.RAVI, AGED 43 YEARS, S/O. V.R.CHANDHU, VALIYAVEETTIL HOUSE, SOUTH CHELLANAM P.O., COCHIN-8. 2. E.L.MURALEEDHARAN, AGED 47 YEARS, S/O. E.V.LAKSHMANAN, ELANJIKAL HOUSE, SOUTH CHELLANAM P.O., COCHIN-8. 3. M.S.RAMESAN, AGED 42 YEARS, S/O. SREENIVASAN, MAROTTIKAL HOUSE, SOUTH CHELLANAM P.O., COCHIN-8. BY ADV. SRI.T.O.XAVIER RESPONDENT(S): -------------------------- 1. V.C.BABU, VELAKANAD HOUSE, CHELLANAM NORTH P.O., COCHIN- 682 008.. 2. SATHEESAN K.N., KOVIKAL HOUSE, CHELLANAM NORTH P.O., COCHIN- 682 008.. 3. SUB INSPECTOR OF POLICE, KANNAMALLY POLICE STATION 682 008 4. CIRCLE INSPECTOR OF POLICE, FORT COCHIN. 682 008. R3 & R4 BY GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.1543 of 2011 ***************************** Dated this the 24th day of January, 2011 JUDGMENT BASANT, J. The petitioners have come to this Court with this petition seeking directions under Article 226 of the Constitution of India to respondents 3 and 4 to desist from indulging in vexatious harassment against them at the instance of respondents 1 and 2. 2. When this petition came up for hearing on 17.01.2011, the Bench which dealt with the matter did not admit the Writ Petition, but directed the learned Government Pleader to take instructions from respondents 3 and 4. The learned Government Pleader after taking instructions submits that two motorcycles belonging to respondents 1 and 2 were gutted in fire. A crime has already been registered. The victims in that crime have raised an allegation/suspicion that the mischief by fire was resorted to by the petitioners herein. The police want to ascertain the details. They are conducting a proper W.P(C) No.1543 of 2011 2 investigation. There is no substance in the allegation that the police officials are resorting to vexatious harassment against the petitioners. The learned Government Pleader on behalf of the police officials undertakes that the police shall not in any way vex or harass the petitioners. If their presence is required in connection with the investigation, proper notice/summons under the Criminal Procedure Code shall be issued to them. Under the guise of raising a complaint against police harassment, the petitioners cannot alter the course of law. Police will have to conduct the investigation. But such investigation shall be conducted purely in accordance with law. There shall be no vexation or harassment against the petitioners. But the crime will be properly investigated in accordance with law. In these circumstances, the learned Government Pleader on behalf of respondents 3 and 4 undertake that they shall not resort to any harassment, but if the presence of the petitioners is required in connection with the investigation, notice in accordance with law shall be given to them. 3. We are satisfied that the submission of the learned Government Pleader can be accepted and it is not necessary, in these circumstances, to issue any further directions. W.P(C) No.1543 of 2011 3 4. This Writ Petition is accordingly allowed in part to the above extent. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/