IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 21436 of 2008(B) -------------------------- PETITIONER: ------------ ABDOOTTY MARAKKADAVATHU, S/O.BEERAN THAREEKKANAKAM HOUSE, PONNANI SOUTH P.O., MALAPPURAM. BY ADV. SMT.S.MUMTAZ SHUMSUDDIN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM 2. CIRCLE INSPECTOR OF POLICE, PONNANI MALAPPURAM. BY GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. --------------------------------------- W.P.(C). No.21436 OF 2008 --------------------------------------- Dated this the 6th day of August, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner has approached this Court alleging harassment from the part of the 2nd respondent, Circle Inspector of Police. The policemen under the 2nd respondent are making frequent and unscheduled visits to his house enquiring about him. His wife and children are being harassed by the policemen coming in search of him. The petitioner submits, there is no reason for the police to come after him. Therefore, this writ petition is filed seeking reliefs against the aforementioned harassment from the part of the police. 2. The 2nd respondent has filed a statement, in which, it is submitted that the petitioner is an accused in Crime No.206/2008 of Ponnani Police Station, registered, based on the complaint filed by one Ayisha, alleging the commission of offence under Section 420 of Indian Penal Code. Crime No.370/2008 is registered against him, in which his own wife is the complainant. The offences alleged are under Sections 406 and 498 A of I.P.C. It is W.P.(C) No.21436/2008 2 also submitted that Judicial First Class Magistrate No.III, Thrissur has issued a non bailable warrant against the petitioner, who is the accused in ST. No.1291/2006 of that court. The offence involved in that case is the one under Section 138 of the Negotiable Instrument Act. In view of the above position, the 2nd respondent submits the petitioner has to be found out and arrested in execution of the process issued by the court. The allegation of the harassment of wife and children made by the petitioner are denied by the said respondents. 3. In view of the above factual position, if the police comes in search of the petitioner, he cannot feel aggrieved and the same cannot be described as a harassment. But, we record the submission of the police that they have no intention, whatsoever, to harass the petitioner's wife or children. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps