IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 28106 of 2010(K) --------------------------------------------- PETITIONER(S): -------------------- MUHAMMED ALI, S/O.PAREED, MADRASSA PARAMBU, NEAR NETTOOR JUMA MASJID NETTOOR P.O., ERNAKULAM DISTRICT. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): ---------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION. BY ADDL. DGP SHRI P.N. SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & T.R. RAMACHANDRAN NAIR, JJ. ----------------------------------------- W.P.(C).NO.28106 OF 2010 K ------------------------------------------ Dated this the 13th September, 2010. JUDGMENT K.M. Joseph, J. Petitioner has approached this Court with the following prayers: “a) Issue a writ of mandamus to the respondents not to harass the petitioner for compelling the appearance of his sons allegedly absconding. b) Declare that the respondents cannot harass the petitioner compelling the appearance of his sons.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is working as a fish merchant and he is residing with his wife and two sons. He is aggrieved by the harassment being caused by the third respondent under the guise of searching WPC.NO.28106/2010 K 2 for his sons in connection with the hand chopping case of a college Professor. It is stated that the mere fact that the petitioner's sons are members of the “Popular Front” is not a ground for arresting them for the reason that “Popular Front” is not prohibited in the State or anywhere in the country. Petitioner is not able to carry on his profession, since he is afraid of illegal search being carried on by the police when male members in the house are away. Petitioner made Ext.P1 representation before the second respondent, Director General of Police. 3. Learned Additional DGP would submit as follows: Petitioner's sons are accused Nos.52 and 53 in Crime No.704/2010 of the Muvattupuzha Police Station. He would submit that investigation as per law only is being done and it is also submitted that still, they are absconding. It is further submitted that investigation as per law only will be carried out and WPC.NO.28106/2010 K 3 there will be no harassment to the petitioner. We record the said submission and close the Writ Petition. Sd/= K.M. JOSEPH, JUDGE Sd/= T.R. RAMACHANDRAN NAIR, JUDGE kbk. //True Copy// PS to Judge