IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 2474 of 2011(H) --------------------------------------- PETITIONER(S): ------------------------- SATHISH BABU.T.T., AGED 43, S/O.THILAKAN, HOUSE NO.59/1403, THEVARA COLONY, THEVARA.P.O., KOCHI-682 013. BY ADV. SRI.MANU ROY RESPONDENT(S): --------------------------- 1. THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION, COCHIN-682 015. 2. THE SUB INSPECTOR OF POLICE, MUHAMMA POLICE STATION, MUHAMMA, ALAPPUZHA. R1 & R2 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2474/2011 H APPENDIX PETITIONER'S EXHIBITS: N I L RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R.BASANT & K.SURENDRA MOHAN, JJ. ---------------------------------------------------- W.P.(Civil) No.2474 of 2011 ---------------------------------------------------- Dated this the 28th day of January, 2011 Judgment Basant, J. The petitioner has come to this court with the grievance that the respondents police officers are unnecessarily vexing and harassing the petitioner and members of his family. The petitioner's wife is pregnant. She is also being harassed. It is, in these circumstances, prayed that directions under Article 226 of the Constitution may be issued to ensure that there is no such vexation or harassment. 2. The learned Government Pleader appears for respondents 1 and 2. The learned Government Pleader submits that there is no element of any vexation or harassment against the petitioner or the members of his family. One Manichan is the accused in crime No.4 of 2011 of Muhamma Police Station registered inter alia under Section 308 of the I.P.C. Crime has been registered. Investigation is in progress. The said Manichan has not been traced. The police reasonably believe that said Manichan being harboured by the petitioner herein. It is necessary for the police to trace out Manichan. It is, therefore, their duty as police officer, and they are bound as public servants to trace out Manichan and WPC 2474/2011 2 bring him to book. Therefore, it has become necessary for the police to keep close watch on the movements of the said Manichan. Petitioner's home is under observation. There is no intention to harass anyone.The police is discharging their duties in accordance with law. The learned Government Pleader undertakes that the wife of the petitioner herein who is said to be in advanced stage of pregnancy shall not in any way be vexed or harassed. But the attempt to trace out the said Manichan cannot be discontinued, submits the learned Government Pleader. 3. We record the submissions of the learned Government Pleader. We are not satisfied that any directions deserve to be issued in this petition. This petition is accordingly dismissed. We specifically record that we accept the submission of the learned Government Pleader that the police shall not in any way cause any difficulties to the pregnant wife of the petitioner, the petitioner or other members of his family in their attempt to trace out and apprehend the said Manichan. R.BASANT, JUDGE. srd K.SURENDRA MOHAN, JUDGE. WPC 2474/2011 3 WPC 2474/2011 4