IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 32121 of 2011(M) -------------------------------- PETITIONER(S): ------------------ 1. YUNUS VELIKKAKATH, S/O.AHAMMED, AGED 39 YEARS, OLIVE HOUSE, RAJEEV GANDHI ROAD, KURUVAPPALAM, EDAKKAD AMSOM, KANNUR DISTRICT. 2. NISHANA YUNUS, W/O.YUNUS, AGED 35 YEARS, OLIVE HOUSE, RAJEEV GANDHI ROAD, KURUVAPPALAM, EDAKKAD AMSOM, KANNUR DISTRICT. 3. SHYLAJ M.K., SLEEPEX, THARACHAPARAMBATH ROAD, MELECHOVVA, KANNUR. 4. THASNI SHYLAJ, W/O.SHYLAJ, SLEEPEX, THARACHAPARAMBATH ROAD,MELECHOVVA,KANNUR. 5. C.K.AHAMMED, AGED 74 YEARS, OLIVE HOUSE, RAJEEV GANDHI ROAD, KURUVAPPALAM, EDAKKAD AMSOM, KANNUR DISTRICT. 6. V.MARIYAMBI, W/O.C.K.AHAMMED, OLIVE HOUSE, RAJEEV GANDHI ROAD, KURUVAPPALAM, EDAKKAD AMSOM, KANNUR DISTRICT. BY ADV. SRI.K.SHIBILI NAHA SMT.REJITHA RAJAN RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. WP(C).No. 32121 of 2011(M) -2- 2. DISTRICT POLICE CHIEF, KANNUR-670001. 3. C.I.OF POLICE, KANNUR CITY POLICE STATION, KANNUR-670 001. 4. P.P.MUHAMMED, AGED 42 YEARS, S/O.HAMZA, NOUFEELA MANZIL, POOZHATHI AMSOM, KAKKAD NOW RESIDING AT SURYA APARTMENTS, THEKKI BAZAR, KANNUR-670002. SR. GOVT. PLEADER SRI.SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32121 of 2011(M) APPENDIX EXT.P1:- PHOTOCOPY OF THE PETITION DTED 27/04/11 AND REGISTERED AS PTN. NO.107/C56/9T.NO./2011. EXT.P2:- PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE 4TH RESPONDENT DATED 24/09/11 BEFORE THE CHIEF MINISTER. EXT.P3:- PHOTOCOPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT IN CRIMEN O.186/11. EXT.P4:- PHOTOCOPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT IN CRIME NO.187/11. EXT.P5:- PHOTOCOPY OF THE NEWS ITEM APPEARED IN MADHYAMAM DAILY DATED 12/11/11. EXT.P6:- PHOTOCOPY OF THE NEWS PAPER REPORT DATED 13/11/11 IN MADHAYAMAM DAILY. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.32121 of 2011 ------------------------------------------------ Dated this the 9th day of December, 2011 JUDGMENT Pius C. Kuriakose The petitioners have filed this Writ Petition complaining that officers of police especially the 3rd respondent is frequently visiting the houses of the petitioners and according to them, the action of the 3rd respondent in making frequent visit to the house amounts to harassment. On considering this Writ Petition for admission, we directed the State Attorney who took notice on behalf of police officers to get instructions. Today on behalf of the State Attorney, it is submitted by Sri.Shyson P. Manguzha, the learned Senior Government Pleader that the accusations of police harassment are not correct. On the basis of complaints submitted by the petitioners and the party respondents case and counter case has been registered as Crime Nos.186/11 and 187/11. However, the 4th respondent W. P. C. No.32121 of 2011 -2- submitted a complaint before the Honourable Chief Minister stating that there are serious irregularities in the investigation which is being conducted into those crimes. Pursuant to orders passed on that complaint re-investigation was entrusted with District Police Chief. On the basis of the above re-investigation order the trial of the Calendar Case which was registered pursuant to the Final Report submitted in Crime No.186/11 which was registered against the 4th respondent is kept in abeyance. The attendance of the petitioners is required only in connection with the re- investigation which is being conducted. This action cannot be branded as harassment. 2. Sri.K.Shibili Naha, the learned counsel for the petitioners submitted that the petitioners 2 to 6 who are close relatives of the 1st petitioner have absolutely nothing to do with the allegations. They are not accused in the crimes. 3. Having considered the rival submissions addressed at the Bar, we are of the view that it is too early to issue the W. P. C. No.32121 of 2011 -3- directions sought for against the police officers who are respondents in this Writ Petition. At the same time, we direct the officers who are investigating/re-investigating the two crimes to issue notice to the petitioners under Section 160 Cr.P.C if their attendance is necessary. There will be a further direction that those of the petitioners who are not accused in the crimes will not be summoned. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE