IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 WP(C).No. 14914 of 2011(L) -------------------------------------- PETITIONER: ------------------- SANILKUMAR.A, S/O. ASHOKAN, SIVAPARVATHY MANDIRAM,KADAVOOR, PERINAD P.O,KOLLAM. BY ADVS. SRI.C.V.MANUVILSAN, SRI.P.G.SURESH, SMT.K.VIDYA, SRI.RAJAN VISHNURAJ. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, DEPARTMENT OF HOME AFFAIRS SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM – 695 001. 3. THE CIRCLE INSPECTOR OF POLICE C.B.C.I.D, ASRAMAM UNIT, KOLLAM – 691 001. 4. THE SUPERINTENDENT OF POLICE KOLLAM – 691 001. 5. THE SUB INSPECTOR OF POLICE, SASTHAMKOTTAH, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM – 682 031. R1 TO R5 BY GOVT. PLEADER SRI. T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14914/2011-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALARY SLIP DRAWN BY HIM FROM THE VODAFONE MOBILE COMPANY. EXT.P.2: COPY OF THE ORDER DTD. 17/05/2011 IN B.A. NO.3675/2010. EXT.P.3: COPY OF THE NEWS ITEM PUBLISHED IN MATHRUBHOOMI DAILY DTD. 22/05/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.14914 of 2011 ------------------------------------------- Dated this the 8th June, 2011 JUDGMENT Basant, J. The petitioner has come to this Court complaining of harassment by the police seeking issue of directions under Article 226 of the Constitution to abate such harassment. 2. According to the petitioner, the police are investigating a serious crime into an incident of assault of one Unnithan. That crime has generated a lot of public interest. In the course of that investigation, according to the petitioner, the petitioner is being unnecessarily vexed and harassed by the police officials/respondents. According to the petitioner, he is absolutely innocent. There are news paper reports indicating that the petitioner shall be arrayed as an accused. But he has not been arrayed as an accused so far. This fetters his option to go to the concerned criminal court and seek bail/anticipatory bail. The police are vexing the petitioner by unnecessary directions to appear before the Police. wpc nO.14914 OF 2011 2 The petitioner is willing to comply with all directions, but, unnecessary harassment may be stopped. The petitioner is willing to co-operate with the investigators. In these circumstances, appropriate direction may be issued to ensure that the petitioner is not unnecessarily vexed in the name of investigation of the said crime that is registered. 3. The learned Government Pleader after taking instructions submits that the police are only continuing with the investigation. There is a reason to suspect the involvement of the petitioner. But tangible data to array him formally as an accused have not been collected. Attempts are being made. As soon as adequate materials are available, proper steps to array the petitioner as an accused may have to be taken. His further interrogation may also be necessary. However, the learned Government Pleader undertakes that if the presence of the petitioner is required for such interrogation/questioning as a witness/accused, proper notice shall be issued to the petitioner or the petitioner shall be arrested after arraying him as an accused. At any rate, there is no basis or justification in the apprehension that the petitioner shall wpc nO.14914 OF 2011 3 be harassed by the investigators. 4. We accept the submissions of the learned Government Pleader that if further presence of the petitioner is necessary for being questioned as a witness, notice/summons in accordance with law shall be issued to the petitioner. We record the statement of the learned Government Pleader that if necessary, on collecting adequate materials, the petitioner may have to be arrayed as an accused also. There shall only be action in accordance with law on the part of the police officials and no act of harassment, submits the learned Government Pleader. 5. Accepting the submissions of the learned Government Pleader, this writ petition is dismissed. SD/- R.BASANT JUDGE SD/- K.SURENDRA MOHAN JUDGE css/ wpc nO.14914 OF 2011 4 wpc nO.14914 OF 2011 5 R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.14914 of 2011 ------------------------------------------- Dated this the 2nd June, 2011 ORDER Basant, J. Heard. Admitted. Notice given and the learned Government Pleader appears for respondents 1 to 5. The learned Government Pleader shall take instructions. Call on 6.6.2011. SD/- R.BASANT JUDGE SD/- K.SURENDRA MOHAN JUDGE css/