IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 4541 of 2009(N) ------------------------------------- PETITIONER: ------------------- FR.PAUL PULIKKOTTIL, VICAR, LITTLE FLOWER CHURCH, VADUKKARA, THRISSUR. BY ADV. MR.P.K.ANIL. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, TRICHUR. 4. SUB INSPECTOR OF POLICE GURUVAYOOR POLICE STATION. 5. MAHITHA, AGED 29 YEARS, S/O. VELAYUDHAN MANDIRAMKODE HOUSE, KOTTAPPADY 3RD WARD, GURUVAYOOR. R1 TO R4 BY GOVT. PLEADER MR. BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY, Ag.C.J & V.GIRI, J. ------------------------------- W.P.(C).NO.4541 OF 2009 (N) ----------------------------------- Dated this the 17th day of February, 2009 J U D G M E N T KOSHY,Ag.CJ. Petitioner, a Christian priest, approached this Court alleging police harassment. The learned Government Pleader on instructions submitted that the 5th respondent filed a complaint that her fiance, who is none other than the brother of the petitioner, is under custody of the petitioner and he was kept in a mental hospital and he was again transferred to another mental hospital. Complaint was filed before the Magistrate Court and on the basis of the above, investigation was conducted. The Government Pleader also submitted that the 5th respondent and the brother of the petitioner have given notice under the Special Marriage Act. We are not looking into the question whether there is mental illness or not but petitioner should co-operate with the criminal investigation and if police is investigating the matter, it cannot be called as harassment. However, when the police wants the presence of WPC.4541/09 2 the petitioner, in view of various allegations, he should be given written summons and he should also be allowed to be accompanied by a lawyer. Police is free to investigate the matter but we make it clear that investigation should be strictly as per the law. If there is any allegation or harassment, petitioner can approach the concerned Magistrate Court. With the above observations, this writ petition is disposed of. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008