IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 20267 of 2011(G) -------------------------- PETITIONER(S): --------------- FATHER JOSE PRAKSH, AGED 48 YERARS, PATRON, JESUS BOAT CLUB, PADAPPAKARA, MULAVANA, KOLLAM DISTRICT. BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, AMBALAPUZHA POLICE STATION, APAPPUZHA 688565 BY GOVT.PLEADER SRI.CHARISMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20267/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT RECEIPT DATED 21/7/2011. EXT.P2: COPY OF THE COMPLAINT DATED 2/7/2011 PRODUCED BEFORE THE 1ST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 20267 OF 2011 ------------------------ Dated this the 29th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, the patron of Jesus Boat Club, Kolam which is participating in important boat races all over the state including Nehru Trophy Boat Race and Chambakulam Moolam Boat race, has approached this court complaining that the 2nd respondent - the Circle Inspector of Police is harassing the petitioner and member of his Boat Club without any justifiable reasons. Hence, this writ petition under Article 226 is instituted seeking a direction restraining the 2nd respondent from harassing the petitioner's Boat Club members by interfering with the preparatory practices for and the participation in the famous Nehru Trophy Boat Race which is slated for 13/8/2011. 2. On considering the writ petition for admission, we directed the learned Government Pleader to seek instructions immediately from the respondents regarding the correctness of WPC.No.20267/2011 2 the accusations contained in this writ petition. Today, the learned Government Pleader submitted that it is absolutely incorrect to say that the 2nd respondent is harassing the petitioner or any members of his Boat Club. At Chambakulam Moolam Boat race, in which the petitioner's club finished a very close runner up, there were altercations and assaults between the members of the petitioner's club and those of the winning club. This resulted in people sustaining bodily injuries. The Sub Inspector of Police, Ambalapuzha and two police personnel also sustained serious injuries due to blows inflicted by the members of the petitioner's club and the Needumudi police station has registered Crime No.177/2011 arraying as many as three members of the petitioner's club as accused. Among other offences, the offence under Section 307 IPC is also alleged. Presence of the petitioner and members of his club was requested only in connection with the investigation of that crime. Many members of the petitioner's club are absconding and it is likely that at least some of them will have to be arrayed as accused. The respondents have absolutely no objection to the petitioner's club participating in the Nehru Trophy Boat Race. Nothing will be WPC.No.20267/2011 3 done by the respondents which will cause any hurdle on the way of the petitioner's club participating in the Nehru Trophy boat race. 3. Mr.M.L.Sureshkumar learned counsel for the petitioner submitted that the 2nd respondent is acting hands in glove with the Freedom Boat Club and is trying to prevent the petitioner's club from participating in Nehru Trophy boat race. Three persons who are arrayed as accused have already moved this court for anticipatory bail. At least, the members of the club other than those three accused should be allowed to participate in the Nehru Trophy boat race peacefully. 4. Having considered the submissions addressed at the Bar, we are of the view that no case is made out for issuance of the directions sought for. The action of the respondents cannot amount to any harassment. We dispose of the writ petition recording the submissions of the learned Government Pleader issuing the following directions; The 2nd respondent - Circle Inspector of Police, who is investigating into crime No.177/2011, is permitted to continue with the investigation. If, as part of the investigation, the WPC.No.20267/2011 4 attendance of any member of the petitioner's club is required as witness, he will give notices under Section 160 Cr.P.C. At any rate, the 2nd respondent will not insist on the attendance of any member of the petitioner's club during days from 4/8/2011 to 14/8/2011 in connection with the investigation of crime No.177/2011, so that the petitioner's club can practise for and participate in the Nehru Trophy Boat Race. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk