IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 33724 of 2011(M) -------------------------- PETITIONERS: --------------- KUNJHIMOL, W/O.MOIDEENKUTTY, KUTTIKKATT HOUSE, KOOTAYI P.O., TIRUR TALUK, MALAPPURAM DISTRICT-676 505. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM-695 001. 2. THE SUPERINTENDENT OF POLICE, MALAPPURAM P.O.,MALAPPURAM DISTRICT-676 505. 3. THE DEPUTY SUEPRINTENDENT OF POLICE, TIRUR, TIRUR P.O., PIN-676 101, MALAPPURAM DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE TIRUR, TIRUR P.O., PIN-676 101. MALAPPURAM DISTRICT. 5. THE SUB INSPECTOR OF POLICE, TIRUR, TIRUR P.O., PIN-676 101. MALAPPURAM DISTRICT. SENIOR GOVERNMENT PLEADER SRI.M.K.ABOOBACKER FOR R1 TO R5 ADV. SRI BLAZE.K.JOSE B/O THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33724 of 2011(M) APPENDIX PETITIONER'S EXHIBITS EXT.P1: A TRUE COPY OF THE INTERIM ORDER DATED 09.08.11 IN MAT.APPEAL 625/11. EXT.P2: A TRUE COPY OF THE ORDER DATED 26.09.2011 IN MAT.APPEAL 625/2011. /TRUE COPY/ P.S TO JUDGE PIUS C.KURIAKOSE & K. HARILAL, JJ. ===================== W.P.(C)NO. 33724 OF 2011 ===================== Dated this the 22nd day of December 2011 JUDGMENT Pius C.Kuriakose,J. On considering this writ petition filed by a lady seeking directions against the alleged police harassment, we directed the learned Government Pleader, who took notice on behalf of the police officers to seek instructions. Today Mr.M.K.Aboobacker, Senior Government Pleader submitted that the accusations of police harassment contained in this writ petition are incorrect. The petitioner’s son one Mr. Salam is the appellant in Mat Appeal No.625/2011 pending before this Court. As he was absent despite directions issued by the Division Bench which is in seizin of the Mat Appeal, the Division Bench issued arrest warrant against the appellant. It was to execute that arrest warrant and to enquire about the whereabouts of Mr.Salam that the officers of the police went to the house - Salam’s last WPC 33724/2011 -2- known residence, the petitioners’ residenc. The action of the police in going to the petitioner's house cannot be branded as harassment. Mr.Jamsheed Hafiz, learned counsel for the petitioner submitted that the petitioner's son Salam is abroad. The petitioner is ready and willing to inform the first respondent once Mr.Salam arrives in the country. But the petitioner may not be harassed every now and then by the police officers under the guise of searching for Salam. The petitioner’s younger son Mr. Ali Mon is also being harassed. This also may not be allowed. Advocate Smt. N.Deepa, who appears for respondent in the Mat appeal, submitted that the Honourable Division Bench, which is considering the Mat Appeal, has directed the Superintendent of Police to collect the details of the passport of Mr. Salam. We have given our anxious consideration to the rival submissions addressed at the Bar. The short question that arises for decision by us is as to whether the action of the Police Officers in going to the petitioner’s house in search WPC 33724/2011 -3- of her son can be branded as harassment. We are of the view that the above question is to be answered in the negative. However, in view of the assurance given by the petitioner that Mr. Salam is abroad and that once Salam lands in India, she will give information to the second respondent. We dispose of the writ petition directing the officers under the 2nd respondent not to visit the petitioner’s house under the guise of searching for Mr.Salam. If the 2nd respondent or officers under him gets concrete information that Mr. Salam has come back and the petitioner or her husband is hiding him, then the attendance of the petitioner can be procured by sending notice to him under Section 160 Cr.P.C. PIUS C.KURIAKOSE, JUDGE K. HARILAL, JUDGE ks. WPC 33724/2011 -4-