IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 16391 of 2011(Y) ---------------------------------- PETITIONER(S): ------------------- RADHAKRISHNAN, AGED 43 YEARS, S/O.SREEDHARAN MENON, KIDANGANEZHATH HOUSE, PALLURUTHY, KOCHI-682006. BY ADVS. SRI.SHAIJAN C.GEORGE SMT.S.REKHA SMT.SAJITHA GEORGE RESPONDENT(S): --------------------- 1. STATE OF KERALA, REP. BY HOME SECRETARY, THIRUVANANTHAPURAM, PIN-695 001. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001. 3. MR.SURESH, SUB INSPECTOR OF POLICE, PALLURUTHY, KOCHI-682 006. R1 & R2 BY GOVT.PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 16391/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF COMPLAINT DATED 23/04/2011 P2: THE POSTAL RECEIPT DATED 23/04/2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.16391 OF 2011 ............................................. Dated this the 24th day of June, 2011. JUDGMENT Basant, J: The petitioner, said to be a professional artist, has come to this Court with this petition complaining of harassment by the 3rd respondent, a police officer. According to the petitioner, the 3rd respondent is unnecessarily visiting the house of the petitioner and causing terror. It is in these circumstances that the petitioner is seeking directions under Article 226 of the Constitution to put an end to such vexation and harassment. 2. The learned Government Pleader after taking instructions submits that the petitioner is guilty of suppression of very vital details. According to the learned Government Pleader, on 20.4.2011 when the police were engaged in routine patrol duty, a person was found riding his two wheeler in a very rash and negligent manner. He was asked to stop the vehicle. He did not stop the vehicle and sped away. A crime was registered as Crime W.P.(C).NO.16391 OF 2011 : 2 : No.736/2011 of Palluruthy police station. Investigation of that crime is in progress. The number of the vehicle was available. The police has reason to believe that the petitioner himself was riding the vehicle at the relevant time. In connection with the investigation of the said crime registered under Section 279 IPC, an attempt was made by the police to ascertain the owner of the vehicle and the police came to note that one Radhakrishnan, whose address is given in the registration certificate and other relevant documents, is the owner of the vehicle. The police want an investigation to be conducted to ascertain whether the owner was himself the rider at the relevant time. Steps have been taken by the police only for proper investigation of the said crime No.736/2011 registered under Section 279 IPC. There is no question of any harassment or vexation directed against the petitioner. The petitioner can appear before the learned Magistrate or the investigating officer. He must co-operate with the investigation. No acts of harassment or vexation shall be directed against the petitioner. Action taken in accordance with law for the W.P.(C).NO.16391 OF 2011 : 3 : proper conduct of an investigation cannot be mis described as vexation and harassment. The petitioner cannot claim immunity from such investigation merely because he raises such allegations against the police officials. In these circumstances, no further directions are necessary in this writ petition. The same may be dismissed, prays the learned Government Pleader. 3. We find merit in the objections of the learned Government Pleader. We are not satisfied that any directions under Article 226 need, should, can or deserve to be issued. The petitioner must certainly co-operate with the investigation. 4. In the result: This petition is dismissed with the above observations. R. BASANT, JUDGE. K. SURENDRA MOHAN, JUDGE. cl