IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 17648 of 2011(E) -------------------------------- PETITIONER(S): ----------------- 1. NAZARUDDEN, S/O.MUHAMED KUNJU, AGED 58 YEARS, NASS KOTTAGE, VITHURA, ANAPPARA P.O THIRUVANANTHAPURAM, PIN-695551. 2. AIZHA BEEVI, W/O.NAZARUDDEN, AGED 52 YEARS, NASS KOTTAGE, VITHURA, ANAPPARA P.O., THIRUVANANTHAPURAM, PIN-695551. 3. ANEESHA, D/O.NAZARUDDEN, AGED 24 YEARS, NASS KOTTAGE, VITHURA, ANAPPARA P.O., THIRUVANANTHAPURAM, PIN-695551. 4. SUBEENA, D/O.ISMAIL, AGED 19 YEARS, NASS KOTTAGE, VITHURA, ANAPPARA P.O., THIRUVANANTHAPURAM, PIN-695551. BY ADV. SRI.K.S.ARUN KUMAR RESPONDENT(S): ------------------- 1. SUB INSPECTOR OF POLICE, NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN-695541. 2. CIRCLE INSPECTOR OF POLICE, NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN-695541. SR. GOVT. PLEADER SRI.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.17648 of 2011 ------------------------------------------------ Dated this the 7th day of July, 2011 JUDGMENT Pius C. Kuriakose, J This Writ Petition has been filed by the parents, the daughter and daughter-in-law alleging that respondent Nos.1 and 2 are harassing them by conducting illegal searches in their residential house even during the thick of the midnight in connection with Crime No.992/11 of Nedumangad Police Station. According to the petitioners neither they nor Sri.Shafeeq the husband of the 4th petitioner and son of petitioners 1 and 2 are accused in the above crime. The searches are patently illegal and amounts to harassment for the petitioners. This Court on considering the Writ Petition for admission on 30th June, 2011 directed the learned Government Pleader to seek instructions regarding W. P. C. No.17648 of 2011 -2- the complicity of Sri.Shafeeq son of the petitioners 1 and 2 in the above crime. Sri.T.K.Vipindas, the learned senior Government Pleader submitted on instructions that Shafeeq son of petitioners 1 and 2 is not an accused in Crime No.992/11 of Nedumangad Police Station. But one Arun, a close friend of Sri.Shafeeq is an accused. Police got reliable information that Sri.Arun was being shielded by Shafeeq and this was why searches had to be conducted in the petitioners residence for Arun who was a prime suspect in the above crime where the accusation is of 302 IPC. Sri.Vipindas further submitted that though Shafeeq is not an accused in Crime No.992/11, he and Arun are co-accused in Crime No.732/08 (subsequently charge sheeted by the Government) under various offences by the Arms Act. Sri.Vipindas submitted that no more searches will be conducted in the house of the petitioner in connection with Crime No.992/11 as Sri.Arun is already arrested. W. P. C. No.17648 of 2011 -3- 2. Having considered the submissions of the learned Government Pleader and those of learned counsel for the petitioner, we are of the view that the writ petition can be closed in view of the submissions made. We record the submission of Sri.Vipindas, the learned senior Government Pleader that no more searches will be conducted in the residential house of the petitioners in connection with Crime No.992/11 of the Nedumangad Police Station. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-