IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 WP(C).No. 11006 of 2009(U) -------------------------- PETITIONER(S): --------------- NISAR K.R., AGED 23 YEARS, S/O.RAYINKUTTY, KALATHINGALTHODI, KODALY, PAADI P.O., MUKUNDAPURAM TALUK, MATTATHOOR VILLAGE, KODAKARA, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, KODAKARA. 2. CIRCLE INSPECTOR OF POLICE, PUTHUKADU. 3. SUPERINTENDENT OF POLICE, THRISSUR. 4. BABU, KALLUPARAMBIL HOUSE, PALACKAL DESOM, THRISSUR DISTRICT. R1 TO 3 BY GOVERNMENT PLEADER SMT, BINDHU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN & ANTONY DOMINIC, JJ. --------------------------------------------- W.P.(C) No. 11006 of 2009 --------------------------------------------- Dated: APRIL 21, 2009 JUDGMENT Siri Jagan, J. The petitioner is a barber by profession. One of the sister's of the petitioner is married to the 4th respondent's son and in that wedlock a child was born to them. The petitioner's sister obtained a divorce on the ground of cruelty by the 4th respondent's son. The petitioner's grievance now is that the 4th respondent, the father-in- law of the petitioner's sister, has influenced the police, pursuant to which the police is harassing the petitioner and his family. According to the petitioner, although the petitioner has obtained bail from the Magistrate in a criminal case charged against him at the instance of the 4th respondent, the police is frequently coming to the petitioner's house and harassing the petitioner, his W.P.(C) No. 11006 of 2009 2 parents and his sisters. The petitioner therefore seeks the following reliefs:- i) issue a writ of mandamus or any appropriate writ, order or direction directing the 1st respondent not to harass the petitioner and his family members by summoning to the police station. ii) issue a writ of mandamus or any appropriate writ, order or direction directing the 1st and 2nd respondents not to take any action against the petitioner on the basis of any frivolous complaint. iii) issue such other writ, order or direction as this court may deem fit to grant in the facts and circumstances of this case. 2. The learned Government Pleader on instructions submits that the petitioner has been directed to be present in the police station as part of the investigation of the crime charged against the petitioner, which cannot be termed as harassment. The learned Government Pleader disputes the averments in the writ petition regarding harassment. 3. After hearing both sides, we dispose of this writ petition with the following directions:- If the police wants the presence of the petitioner in connection with the investigation of the criminal case W.P.(C) No. 11006 of 2009 3 against the petitioner, he shall be issued with a notice for being present in the police station on a particular day. The police shall not harass the petitioner in any manner in the guise of the investigation. S. SIRI JAGAN, JUDGE ANTONY DOMINIC, JUDGE mt/-