IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 22065 of 2011(G) -------------------------- PETITIONER(S): --------------- K.K.KARNAN @ KARUNAKARAN, KARUVAPADATH HOUSE, OKKAL P.O., ERNAKULAM DISTRICT. BY SMT.V.P.SEEMANTHINI BY ADV. SRI.M.R.ANISON RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695 001. 2. THE SUPERINTENDENT OF POLICE, WAYANAD-670 615. 3. THE CIRCLE INSPECTOR OF POLICE, MANANTHAVADY-670 645. 4. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. ADV. SRI.K.A.JALEEL,ADDL.ADVOCATE GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF THAT LETER FROM THE CABINET SECRETARIAT, GOVT.OF INDIA. EXT.P2: COPY OF THE ARREST MEMO ISSUED TO THE PETITIONER'S SON ALONG WITH THE STATEMENT TAKEN FROM HIM BY THE 3RD RSPONDENT ON 2/8/2011. EXT.P3: COPY OF THAT ORDER PASSED BY THE MAGISTRATE DATED 3/8/2011 IN CMP NO.3328/2011. EXT.P4: COPY OF THE PERMISSION SOUGHT BY THE PETITIONER'S SON ON 6/8/2011 BEFORE THE S.H.O. PERUMBAVOOR POLICE STATION. EXT.P5: COPY OF THAT NOTICE DATED 6/8/2011 ISSUED BY THE 3RD RESPONDENT. EXT.P6: COPY OF THAT LETTER GIVEN BY THE PETITIONER'S THROUGH SON'S LAWYER AT 11.45 A.M. ON 8/8/2011. EXT.P7: COPY OF THE NOTICE DATED 9/8/2011 ISSUED BY THE 3RD RESPONDENT. EXT.P8: MEDICAL CERTIFICATE ISSUED BY THE DOCTOR SHOWING THE ABOVE FACT DATED 10/8/2011 /TRUE COPY./ P.A. TO JUDGE. . PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 22065 OF 2011 ------------------------ Dated this the 25th day of August, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, who is a manufacturer of various food products under the trade name ' NIRAPARA', has approached this court complaining that he is being harassed by the officers of the police, particularly the 3rd respondent who is investigating into the Crime No. 431/2011 wherein his son is stated to be an accused. 2. Smt.V.P.Seemanthini learned senior counsel appearing for the petitioner submitted that the insistence of the Investigating Officer that the petitioner, who is admittedly not an accused in Crime No. 431/2011, should travel all the way to Manathawady in Wayanad District for interrogation itself shows that officers of the police especially the 3rd respondent are out to harass the petitioner. 3. Sri. K.A.Jaleel, learned Additional Advocate General submitted that Ext.P7 is a notice under Section 160 of the WPC.No.22065/2011 2 Cr.P.C. The Investigating Officer wants to interrogate the petitioner as he believes that the petitioner will be able to disclose some useful information which will lead to proper investigation of Crime No.431/2011. 4. Having considered the rival submissions addressed at the Bar, we are of the view that this writ petition can be disposed of issuing the following directions; i). If the 3rd respondent wants to interrogate the petitioner in connection with the investigation of Crime No.431/2011 in which the petitioner's son is an accused, he is permitted to do so by coming over to Kalady, the petitioner's place of residence and business. ii). The 3rd respondent will issue another notice to the petitioner regarding the date, venue and time of the interrogation. If the information gathered from the interrogation reveals that the petitioner is also to be arrayed as an accused in Crime No.431/2011 and the 3rd respondent feels that immediate arrest of the petitioner is necessary, then arrest will be made only after complying with the provisions of Section 41A to D of the Code of Criminal Procedure. WPC.No.22065/2011 3 It is needless to mention that apart from complying with the provisions of Section 41A to D of the Code of Criminal Procedure, the third respondent will strictly adhere to the guidelines issued by the Supreme Court from time to time regarding arrest. The writ petition is disposed of with the above directions. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk