IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 32366 of 2008(C) -------------------------- PETITIONER: --------------- BEJOY JOHN, S/O.GEORGE VARGHESE, "ASHIRWAD". CHENKULAM P.O., OYOOR, KOLLAM DISTRICT. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENTS: --------------- 1. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, S.P. OFFICE, KOLLAM. 3. SUB INSPECTOR OF POLICE, PARIPILLY POLICE STATION, PARIPPILLY PO. KOLLAM (DIST). GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.32366 OF 2008 ---------------------------------------- Dated this the 11th day of November, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner is the registered owner of the motor bike bearing registration No. KL-24A-5424. The grievance of the petitioner is that the Paripilly police is harassing the petitioner directing him to produce the said vehicle. According to the police, it is a vehicle suspected to be involved in a crime registered under Section 304A of the I.P.C. The petitioner submits, he is also being persuaded to admit that it was he who rode the vehicle at the relevant time. The petitioner claims, at the time, when the accident took place, he was attending a conference. He is unnecessarily being harassed by the police. In the above background, the petitioner filed Ext.P6 representation before the Superintendent of Police, Kollam, against the harassment from the part of the Paripilly police and thereafter this writ petition is filed . W.P.(C) No.32366/2008 2 2. Learned Government Pleader, upon instructions, submitted that the petitioner's vehicle had been identified by three school going children, as the one involved in the accident which resulted in the death of a student. So, the petitioner was directed to produce the vehicle. The said direction was issued, as part of the investigation into the crime. 3. If the petitioner's vehicle is suspected to be involved in a crime and he has been asked by the police to produce that vehicle, we think the same cannot be described as harassment from the part of the police. If the petitioner is falsely implicated in the crime, he has to workout his remedy before appropriate forums. This Court cannot go into such matters under Article 226 of the Constitution of India. In the result, the writ petition is closed, without prejudice to the contentions of the petitioner and his right to move other forums for appropriate reliefs. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps