IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WP(C).No. 23777 of 2011(V) -------------------------------- PETITIONER(S): --------------- 1. SALVIN JAMES, THAZHATHEDATHU HOUSE, ELIKULAM P.O., KOTTAYAM. 2. SABNA P.T., W/O.SALVIN JAMES, THAZHATHEDATHU HOUSE, ELIKULAM P.O., KOTTAYAM. BY ADV. SRI.V.K.SUNIL RESPONDENT(S): ------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, MALAPPURAM-676505. 2. THE CIRCLE INSPECTOR OF POLICE, THANUR, MALAPPURAM-676505. 3. THE SUB INSPECTOR, THANUR, MALAPPURAM-676505. 4. YAHU P.T., PURATHODI HOUSE, THANALUR P.O., MALAPPURAM-676306. GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23777 of 2011(V) APPENDIX PETITIONERS' EXTS EXT.P1:- TRUE COPY OF THE MARRIAGE CERTIFICATE OF THE PETITIONERS. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.23777 of 2011 ------------------------------------------------ Dated this the 7th day of September, 2011 JUDGMENT Pius C. Kuriakose, J The petitioners who claim to be husband and wife having contracted a marriage after attaining the age of the majority, have approached this Court seeking directions against what they describe as acts of harassment by respondent Nos.1 to 3 who are officers of police belonging to the Malappuram district. On considering this Writ Petition for admission, we directed the learned Government Pleader who took notice on behalf of respondents 1 to 3 to seek instructions from the 2nd respondent as to the correctness of the accusations. The learned Government Pleader submitted that a person missing case has been registered on the basis of a complaint submitted by the 4th respondent who is the father of the 2nd petitioner and FIR is submitted to the Judicial First Class Magistrate's Court, Parappanangadi. The W. P. C. No.23777 of 2011 -2- attendance of the petitioner was requested in connection with the investigation of that crime. This action of the police cannot be branded as harassment. 2. Sri.V.K.Sunil, the learned counsel for the petitioners submitted that the very registration of the crime is not proper. In response to a query the learned counsel submitted that he may have to address us at some length. Since the court is closing today for Onam vacation, we suggested that a detailed hearing can be had after the court reopens. At that juncture Sri.V.K.Sunil submitted that the 2nd petitioner is ready to surrender before the Station House Officer, Thanur provided sufficient protection be afforded to the 2nd petitioner as well as to the 1st petitioner who should necessarily accompany the 2nd petitioner for appearing before the learned Magistrate. There is no serious objection to this request of Sri.Sunil from the learned Government Pleader. Accordingly, we dispose of the Writ Petition issuing the following directions:- The 2nd petitioner accompanied by the 1st petitioner will W. P. C. No.23777 of 2011 -3- appear before the 3rd respondent at 9.30 a.m on 14/09/11. Upon the petitioners so appearing before the 3rd respondent, the 3rd respondent will act in terms of Section 57(5) of the Kerala Police Act, 2011 and produce the 2nd petitioner accompanied by the 1st petitioner before the Magistrate. The 3rd respondent will ensure that the lives of the petitioners are safe and that they are able to make the journey back to Kottayam after the proceedings before the Magistrate is over, safely. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-