IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 WP(C).No. 12795 of 2009(T) -------------------------- PETITIONERS: -------------------- 1. SONAL DISILVA, AGED 23 YEARS, S/O.GILBERT, CHETTIVALAPPIL HOUSE, P.O.MULAVUKADU, PONNARIMANGALAM. 2. SULFATH.K.S., D/O.K.K.SHAMSUDIN, KOTTEKKAD HOUSE, DESABHIMANI ROAD, KALOOR. BY ADV. MR. . V.M. KRISHNAKUMAR ADV. MS. P.R.REENA RESPONDENTS: ------------------------ 1. THE COMMISSIONER OF POLICE, COCHIN CITY, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, CENTRAL POLICE, ERNAKULAM. 3. SUB INSPECTOR OF POLICE, CENTRAL POLICE, ERNAKULAM. 4. SUB INSPECTOR OF POLICE, PONNARIMANGALAM POLICE STATION, MULAVUKADU. 5. K.K.SHAMSUDIN, KOTTEKKAD HOUSE, DESABHIMANI ROAD, KALOOR. BY GOVERNMENT PLEADER ADV. MR. ANTONY MUKKATH/ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON & C.K. ABDUL RAHIM, JJ. ........................................................................ W.P.(C)No. 12795 OF 2009 ......................................................................... Dated this the 5th May, 2009 J U D G M E N T Ramachandra Menon, J: The petitioners have approached this Court stating that the respondents-Police, are regularly coming to the residence of the petitioners and are harassing them at the instance of the 5th respondent. It is stated that the petitioners are living together, agreeing to marry each other on the basis of the agreement executed on 22.04.2009, as evident from Ext. P2. Even though the said agreement cannot confer any legal status on the petitioners as 'husband and wife', the petitioners have attained majority and at any rate there cannot be any harassment from the part of the police on their peaceful living, says the learned counsel for the petitioners. 2. The learned Government Pleader appearing for the respondents submits that the brother of the second petitioner had filed a complaint before the Police, whereby a Crime was registered as Crime No.863 of 2009 of the Central Police Station, W.P.(C)No. 12795 OF 2009 2 Ernakulam, a man missing case. It was only pursuant to registration of the Crime, that the matter was enquired into by the Police and that the averment with regard to the harassment stated as made by the Police is absolutely without any element of merit or bonafides . 3. Considering the facts and circumstances of the case, the petitioners are permitted to appear before the concerned Magistrate (J.F.C.M-II, Ernakulam) in Crime No.863 of 2009 and on such an event, the J.F.C.M-II, Ernakulam will record the statement and pursue such other appropriate action on the basis of the statement to be recorded. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. C.K. ABDUL RAHIM, JUDGE. lk