IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 WP(C).No. 14358 of 2010(T) -------------------------------------- PETITIONER(S): ---------------------- AJITH KUMAR @ SHOJU, SON OF SIVANANDAN, KEEZHAMBIL VEEDU, ATTUKAL, MANACAUD, THIRUVANANTHAPURAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): ------------------------- 1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. THE CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM DISTRICT. 3. THE ASSISTANT COMMISSIONER OF POLICE, PORT POLICE STATION, THIRUVANANTHAPURAM. 4. THE ASSISTANT COMMISSIONER OF POLICE, CANTONMENT POLICE STATION, THIRUVANANTHAPURAM. 5. THE CIRCLE INSPECTOR OF POLICE, PORT POLICE STATION, THIRUVANANTHAPURAM. 6. THE CIRCLE INSPECTOR OF POLICE, THAMPANNOOR POLICE STATION, THIRUVANANTHAPURAM. 7. THE CIRCLE INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM. 8. THE SUB INSPECTOR OF POLICE, PORT POLICE STATION, THIRUVANANTHAPURAM. 9. THE SUB INSPECTOR OF POLICE, THAMPANNOOR POLICE STATION, THIRUVANANTHAPURAM. 10. THE SUB INSPECTOR OF POLICE, KARAMANA POLICE STATION, THIRUVANANTHAPURAM. 11. THE SUB INSPECTOR OF POLICE, POOJAPPURA POLICE STATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.14358 of 2010-T ---------------------------------------------- Dated, this the 17th day of May, 2010 J U D G M E N T K.M.Joseph, J. Petitioner alleges harassment by police. 2. We heard the learned counsel for the petitioner and also the learned Government Pleader. Learned Government Pleader submits that the petitioner is absconding. Learned counsel for the petitioner submits that if presence of the petitioner is necessary for questioning, it should be preceded by notice under the Code of Criminal Procedure. 3. We dispose of the writ petition as follows: If the presence of the petitioner is necessary for questioning him, it should be preceded by notice under Section 160 Cr.P.C. However, we make it clear that this will be without prejudice to the right of the respondents to resort to arrest the petitioner if the situation so warrants in law. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS