IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 4074 of 2010(H) ------------------------------------- PETITIONER(S): ---------------------- 1. MOHAMMED RIJA, SON OF MOHAMMED RAJA, AGED 34 YEARS, RESIDING AT PUNCHANAPARAMBIL PIPELINE ROAD, THRIKKAKKARA KARA, THRIKKAKKARA VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT. 2. MOHAMMED RAJA, SON OF MOHAMMED, AGED 62 YEARS, RESIDING AT PUNCHANAPARAMBIL, PIPELINE ROAD, THRIKKAKKARA KARA, THRIKKAKKARA VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT. 3. SUJITH.K.THOMAS, SON OF THOMAS, AGED 34 YEARS, RESIDING AT KAVALAKKAD HOUSE, VYTILA KARA, ELAMKULAM DESOM, KANAYANNOOR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): -------------------------- 1. THE COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM. 2. SUNEESH BABU, CIRCLE INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM. 3. RADHAKRISHNAN, SON OF KESAVA PILLAI, AGED 48 YEARS, RESIDING AT PARAYIL HOUSE, KAPPIL KIZHAKKE KARA, KRISHNAPURAM (PO), KRISHNAPURAM VILLAGE, KARTHIKAPPILLY TALUK, ALAPPUZHA DISTRICT. 4. JACOB GEORGE, SON OF K.V.GEORGE, KIZHAKKEVATTAPPARAMBIL HOUSE, ERUMELI (PO), KANAKAPPALAM KARA. R1 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.4074 of 2010 ---------------------------------------------- Dated, this the 11th day of February, 2010 J U D G M E N T K.M.Joseph, J. This writ petition is filed seeking the following reliefs: “1. to issue a writ of mandamus or any other appropriate writ or direction to the second respondent and his police men and his subordinates not to harass the petitioners unnecessarily; 2. to direct the first respondent to register a crime against respondents 2 to 4 on the basis of the Exhibit P1 complaint and investigate the same and 3. to direct the first respondent to consider and dispose of exhibit P1 complaint submitted by the petitioner.” 2. The learned Government Pleader was asked to get instruction in the matter. He would submit that a crime has been registered against the petitioner as Crime No.159/2010 in the Cheranalloor police station. It is also stated that another petition has been received from one Jacob George, the 4th respondent. WPC.No.4074/2010 -2- In such circumstances, we dispose of the writ petition permitting investigation to be done in respect of the matters strictly in accordance with law and without any harassment as such of the petitioners by the police. Learned Government Pleader also submitted that the offence is under Section 420 IPC and being bailable it will be open to the petitioners to seek bail from the authorities. We record this submission. There will also be a direction to the Ist respondent to look into Ext.P2 complaint and take a decision thereon in accordance with law as early as possible. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS