IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 22987 of 2011(W) -------------------------- PETITIONER(S): --------------- 1. ALEYAMMA LAZAR, W/O.RAJAN THOMAS, RESIDING AT RAJ BHAVAN, BANDADUKKA VILLAGE AND POST, KASARGOD DISTRICT. 2. SHINY SAIJAN, W/O.SAIJAN P.VARGHESE, PALLIKKAL HOUSE, BANDADUKKA VILLAGE AND POST, KASARGOD DISTRICT. 3. SABU JOSE, S/O.T.D.JOSEPH, THANIVELLI, PANATHUR VILLAGE AND POST, KASARGOD DISTRICT. 4. SUNNY MATHEW, S/O.DEVASSIA, MADATHIL HOUSE, PANATHUR VILLAGE AND POST, KASARGOD DISTRICT. 5. THAMEEM K.S., S/O.SULAIMAN, MD NAGAR, THALANGARA VILLAGE AND POST, KASARAGOD DISTRICT. 6. A.NARAYANAN NAIR, S/O.M.KUNHIKANNAN NAMBIAR, VELLAKKODE HOUSE, PANAYAL VILLAGE, KASARGOD DISTRICT. 7. PAVITHRAN.B, S/O.SANKARA DEVANGA, AMBADY COMPOUND, ANANGOOR, KASARGOD POST. 8. JOBIN.K.J, S/O.LATE JOSEPH, KONATTU HOUSE, KALLAPPALLY PANATHADY POST, KASARGOD DISTRICT. 9. JASMINE, D/O.SULAIMAN, KAMMADATH HOUSE, PO PARAPPA, HOSDURG TALUK, KASARGOD DISTRICT. 10.UNNIKRISHNAN.D, S/O.DAMODHARAN PILLAI, PUTHETTU HOUSE, PANATHUR VILLAGE AND POST, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENTS: ----------- 1. THE SUPERINTENDENT OF POLICE, VIDYANAGAR, KASARGOD DISTRICT-671 123. 2. THE STATION HOUSE OFFICER, KASARGOD POLICE STATION, KASARGOD POST AND DISTRICT-671 121. 3. THE STATION HOUSE OFFICER, BEDAKAM POLICE STATION, MUNNAD P.O., KASARGOD DISTRICT-671 541. 4. THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION, HOSDURG TALUK, KASARGOD DISTRICT-671 532. 5. THE STATION HOUSE OFFICER, BEKAL POLICE STATION, HOSDURG TALUK, KASARGOD DISTRICT-671 318. R1 TO R5 BY GOVT. PLEADER SMT. C.M. CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1- A TRUE COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE DEPUTY REGISTRAR OF COMPANIES. EXHIBIT P2- A TRUE COPY OF ONE OF THE MEMBERSHIP CERTIFICATE. EXHIBIT P3- A TRUE COPY OF BROCHURE. EXHIBIT P4- A TRUE COPY OF FORM ST-2 ISSUED BY CENTRAL BOARD OF EXCISE AND CUSTOMS. EXHIBIT P5- A TRUE COPY OF THE LETTER DATED 22/1/2010 ISSUED BY NATIONAL SECURITIES DEPOSITORY LTD. RESPONDENTS' EXHIBITS - NIL TRUE COPY P.A TO JUDGE AMG PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ------------------------------------------------------ W. P (C) No. 22987 OF 2011 ------------------------------------------------------ DATED THIS THE 20th DAY OF SEPTEMBER, 2011 JUDGMENT Pius C. Kuriakose, J: The petitioners have approached this court seeking direction against the respondents what is alleged as harassment by the respondents who are police officers. On considering the writ petition, we directed the Government Pleader to seek instructions from the concerned respondents as to the correctness of the accusations contained in the writ petition. Smt. C.M. Charisma, learned Government Pleader based on instuructions submitted that accusations of police harassment are without basis. According to her Crime No.245/2011 has already been registered by Bedakom police station. According to her there is likelihood of the petitioners also being arrayed as accused in that crime and similar crimes which may be registered on the basis of similar complaints. Shri. Suresh Kumar Kodoth, learned counsel for the petitioners submits that the petitioners are not against the police investigating any crime registered in the police station against the petitioners and others. W.P (C) No.22987/2011 -2- 2. We have anxiously considered the submissions addressed at the bar. The question to be answered is whether the action of the police can be branded as harassment. According to us, the question is to be answered in the negative. We dispose of the writ petition declining relief. However, if respondent Nos. 2 to 5 require the attendance of any of the petitioners in connection with any enquiry or investigation conducted, they shall do so as per Section 160 of the Code of Criminal Procedure. If during the enquiry or investigation it is found necessary to arrest anyone of the petitioners, the procedure contemplated under Section 41 A to D of the Code of Criminal Procedure as well as the guidelines issued by the Supreme Court, will be followed. It is open to the petitioners to avail the remedies available to them under the Cr.P.C if any crime is registered against them. Sd/- PIUS C. KURIAKOSE, JUDGE. Sd/- C.K. ABDUL REHIM, JUDGE. AMG True copy P.A to Judge