IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 17512 of 2011(L) -------------------------------------- PETITIONER: ------------------- RAJALAKSHMI, AGED 42 YEARS, D/O.AMMUKKUTTY AMMAL, PRIYASADANAM,PUNTHALA, VENMONY,CHENGANNOOR, ALAPPUZHA DISTRICT. BY ADV. SRI.SYAM J .SAM. RESPONDENTS: ------------------------ 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA, ALAPPUZHA DISTRICT – 688 001. 2. THE SUB INSPECTOR OF POLICE, VENMONY POLICE STATION,ALAPPUZHA DISTRICT – 688 001. 3. THE SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION, KOLLAM DISTRICT – 691 502. 4. G.PRAVEEN, MALAYIL PARAMBIL VEEDU, KOZHUVALLUR MURI, MULAKKUZHA VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT – 681 321. 5. HARIKRISHNAN, MANOHARAMANDIRAM, ARUVIPPALAM,KONNI,KONNI VILLAGE, PATHANAMTHITTA TALUK, PATHANAMTHITTA DISTRICT- 681 321. 6. SANTHU S.NAIR, KARUMALA PUTHEN VEEDU, ARUVIPPALAM,KONNI,KONI VILLAGE, PATHANAMTHITTA TALUK, PATHANAMTHITTA DISTRICT – 681 321. R1 TO R3 BY GOVT. PLEADER SMT. C.M. CHARISMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17512/2011-L: APPENDIX PETITIONERS' EXHIBIT: EXT.P.1: COPY OF THE REPRESENTATION DTD.22/06/11 SUBMITTED BY THE PETITIONER TO THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ----------------------------------------------- WP(C). No. 17512 of 2011 ----------------------------------------------- Dated this the 22nd day of July, 2011 J U D G M E N T Pius C.Kuriakose, J. The petitioner, a lady has approached this Court complaining that she is being harassed at the behest of respondents 4 to 6 to whom certain amounts are owed by a relative of the petitioner. On considering this writ petition for admission the learned Government Pleader who took notice was asked to seek instructions. Smt. Charisma, Govt. Pleader submitted that a complaint was received from a person by name Sreejith to the effect that Sri. Sreejith was cheated by certain persons including Sri. Chithambaram, husband of the petitioner and Crime No.500/11 has been registered on the basis of that complaint by the Ezhukon Police. The petitioner's presence will be necessary for interrogation as a witness. It was only for the purpose of questioning her as witness in the above WP(C). 17512/11 -2- crime that the police are thinking in terms of going over to the petitioner's house. The husband of the petitioner Sri.Chithambaram is absconding and his whereabouts are not known. Mr. Syam J. Sam, learned counsel for the petitioner submitted that the accusations against the petitioner's husband are not correct and the petitioner's husband's name was not mentioned in the complaint submitted by Sri. Sreejith. It was added only at a later stage. 2. Having considered the rival submissions we are of the view that no case is made out by the petitioner for issuance of the directions sought for. Admittedly Crime No. 500/2011 was registered by the police. Sri. Chithambaram, the petitioner's husband is also an accused. The whereabouts of Sri. Chithambaram are not known to the police. The police party cannot be blamed if they want to interrogate the petitioner as a part of the enquiry in the WP(C). 17512/11 -3- crime. The learned Govt. Pleader has assured us that the police will serve notice under Section 160 Cr. P.C. to the petitioner before requesting her attendance in the Police Station for questioning. We record the above submission and dispose of the writ petition directing the investigating officer who is investigating Crime No. 500 of 2011, that If in the investigation it is revealed that the petitioner is also an accused in the crime and if it becomes necessary to arrest her, the procedure as contemplated by Section 41 (R) to (D) of the Cr. P.C. should be complied with and the guidelines issued by the Supreme Court in the matter of arresting ladies will also be followed. (PIUS C.KURIAKOSE, JUDGE) (K. SURENDRA MOHAN, JUDGE) ksv/-