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 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 16531 of 2008(R) -------------------------- PETITIONERS: ------------ 1. RAJEEVAN, AGED 25 YEARS, S/O.SASI, MANGALATHU THARAYIL, PUTHUPPALLY VILLAGE KAYAMKULAM 2. SAJEEVAN, AGED 26 YEARS, BROTHER OF RAJEEVAN, MANGALATHU THARAYIL, PUTHUPPALLY VILLAGE, KAYAMKULAM. BY ADV. SRI.M.V.THAMBAN SRI.B.BIPIN RESPONDENT: ------------- THE SUB INSPECTOR OF POLICE, KAYAMKULAM BY SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 16531/2008 APPENDIX PETITIONERS' EXTS. EXT.P1 - TRUE COPY OF THE COMPLAINT FILED BY THE DEFACTO COMPLAINANT IN CRIME NO.368/2008 OF KAYAMKULAM POLICE STATION SEEKING FAIR AND PROPER INVESTIGATION BEFORE THE S.P. OF POLICE, ALAPPUZHA. EXT.P2 - TRUE COPY OF THE ORDER IN B.A.NO.2986/2008 DATED 13.05.2008. EXT.P3 - TRUE COPY OF THE MEMORANDUM OF CONTEMPT OF COURT CASE IN C.C.C.NO.717/2008. EXT.P4 - TRUE COPY OF DISCHARGE CARD ISSUED TO THE 1ST PETITIONER. EXT.P5 - TRUE COPY OF DISCHARGE CARD ISSUED TO THE 2ND PETITIONER. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 16531 OF 2008-R ----------------------------------------- Dated 2nd July, 2008. JUDGMENT Balakrishnan Nair, J. The petitioners are brothers. They have approached this Court, alleging that the respondent Sub Inspector of Police is harassing them. They were implicated in a false case, registered as Crime No.368/2008. In that crime they were granted anticipatory bail by this Court, by Ext.P2 order. Based on that order, when they approached the respondent, he brutally manhandled them, it is alleged. The petitioners got themselves admitted in a Government hospital and the discharge certificate would show that their allegations against the respondent are corroborated by the medical evidence. Against the above high-handed action of the respondent, the petitioners have already moved this Court, by filing C.O.C No.717/2008. It is pending consideration of this Court. Because of the filing of the contempt application by the petitioners, the police have registered another crime against them as Crime No.474/2008. The offences alleged against them are WPC 16531/2008 2 the very same offences alleged in Crime No.368/2008. In the second crime, the petitioners have obtained anticipatory bail from this Court. This Writ Petition is filed, seeking a direction to the police not to harass them. 2. The respondent has filed a statement, alleging that apart from the above two cases, they are also accused in two other crimes registered in 2005, involving abkari offences. 3. If the petitioners are falsely implicated in cases and harassed, they have to work out their remedies under the Code of Criminal Procedure. They can move against the officer concerned for malicious prosecution also. In view of the disputed question of fact, this Court under Article 226 of the Constitution of India cannot render any final decision in the matter. But, it is ordered that the police shall proceed with the investigation of the crimes against the petitioners only in accordance with law. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/