IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 WP(C).No. 31708 of 2010(K) ------------------------------------- PETITIONER(S): ---------------------- 1. THANKAM, W/O.KUTTAN, THERUPARAMBIL HOUSE, MANGAD, KUNNAMKULAM, THRISSUR DISTRICT. 2. SUBHASH, S/O.KUTTAN, THERUPARAMBIL HOUSE, MANGAD, KUNNAMKULAM, THRISSUR DISTRICT. 3. SUDHEER, S/O.KUTTAN, THERUPARAMBIL HOUSE, MANGAD, KUNNAMKULAM, THRISSUR DISTRICT. 4. SUNIL, S/O.KUTTAN, THERUPARAMBIL HOUSE, MANGAD, KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.P.V.JYOTHI PRASAD RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, THRISSUR-680001. 2. THE CIRCLE INSPECTOR OF POLICE, KUNNAMKULAM-680503. 3. THE SUB INSPECTOR OF POLICE, KUNNAMKULAM-680503. 4. MOIDHEEN, KUNNATHUVALAPPIL HOUSE, KATTAKAMPAL, CHIRAYAMKAD, KUNNAMKULAM, THRISSUR DISTRICT-680503. 5. HUSSAIN, KUNNATHUVALAPPIL HOUSE, KATTAKAMPAL, CHIRAYAMKAD, KUNNAMKULAM, THRISSUR DISTRICT-680503. 6. AZEEZ, KUNNATHUVALAPPIL HOUSE, KATTAKAMPAL, CHIRAYAMKAD, KUNNAMKULAM, THRISSUR DISTRICT-680503. R1 TO R3 BY GOVERNMENT PLEADER SRI.ALEX M.THOMBRA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.31708 of 2010-K ---------------------------------------------- Dated, this the 19th day of October, 2010 J U D G M E N T K.M.Joseph, J. The prayers in the writ petition are as follows: “a. to issue a writ of mandamus directing the respondents 2 and 3 not to harass the petitioners based on the complaints filed by the respondents 4 to 6 and others along with the 4th respondent. b. to issue a writ of mandamus or other appropriate writ or direction to the respondents 2 and 3 not to arrest the petitioners on the basis of the complaints filed b y the 4th respondent in civil nature.” 2. Briefly put, the case of the petitioners is as follows: Petitioners 2 and 3 were doing business including real estate. There were money transactions with petitioners 2 and 3 and the 4th respondent. For the security of the money transaction both the parties issued cheques to each other. While so, the 4th respondent's sons who were the close friends of the 2nd petitioner requested the 2nd petitioner to give his Toyota Innova car for few days for their personal purposes. The said car met with an accident and police took it into WPC 31708/2010 -2- custody. Without informing the same to the 2nd petitioner the son of the 4th respondent got released the vehicle from police custody. The 2nd petitioner requested the son of the 4th respondent to return the car. But, it was not returned. Without any alternative the 2nd petitioner legally proceeded to take custody of the vehicle. Aggrieved by the said action the 4th respondent got insulted and he filed false complaint against the petitioners and is harassing them. Ext.P1 is the order of the learned Sessions Judge wherein it is stated that the Public Prosecutor submitted that no crime is registered and the anticipatory bail application was dismissed. 3. Today, when the matter came up, the learned Government Pleader submits that Crime No.1187/2010 of Kunnamkulam police station has been registered against the petitioners under Sec.420 read with Sec.34 of IPC. He would further submit that investigation in respect of the said crime will be done in accordance with law and there will be no harassment as such of the petitioners. We record the said submission and close the writ petition. We make it clear that it will be open to the petitioners to work out their remedies WPC 31708/2010 -3- against registration of crimes if they are so advised. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS