IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 15606 of 2009(Y) -------------------------- PETITIONER(S): ---------------------- JAYAKUMAR, S/O.SRI.RAMAKRISHNA PILLAI, AGED 32 YEARS, RESIDING AT RAMAKRISHNA VILASAM, PULLAD P.O., KOIPURAM VILLAGE, TIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SMT.REKHA VASUDEVAN SRI.K.RAMACHANDRAN (THYKOODAM) RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE DIRECTOR GENERAL OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 3. CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, KOZHENCHERRY. 4. STATION HOUSE OFFICER, KOIPURAM POLICE STATION, PULLAD P.O., PATHANAMTHITTA DISTRICT. BY GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 15606 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of June, 2009. JUDGMENT Raman, J, Petitioner alleges that he is being harassed by the police threatening him to be arrested on the basis of an arrest warrant issued in Crime No.104 of 1998 against one Jayan. According to the petitioner, he is not involved in any crime and that he is not the Jayan, who is an accused in Crime No.104 of 1998. 2. Government Pleader on instructions submits that so far the petitioner has not been arrested. Since there is already an arrest warrant pending against Jayan, the petitioner, if he apprehends that he will be arrested based on the arrest warrant, he can appear/surrender before the Magistrate concerned on 17.6.2009 and prove his identity, the Magistrate will consider whether the petitioner is the accused in Crime WPC.15606/2009. 2 No.104 of 1998 and whether there is any mistaken identity and pass appropriate orders. Issue a copy of this order to be produced before the Magistrate concerned for information and compliance. P.R. Raman, Judge P. Bhavadasan, Judge sb.