IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 23853 of 2008(M) -------------------------- PETITIONER: --------------- RADHAKRISHNA PILLAI, S/O.LATE MADHAVAN PILLAI, ELANGARACHAZHIKATHU, AMMANNADA, PATTATHANAM P.O., KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ---------------- 1. DISTRICT SUPERINTENDENT OF POLICE, KOLLAM DISTRICT, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION. 3. VINODKUMAR, S/O.THULASEEDHARAN PILLAI, SANTHOSH BHAVAN, VELLIMON P.O., KOLLAM. 4. SREEKALA KUMARI, D/O.THULASEEDHARAN PILLAI, SANTHOSH BHAVAN, VELLIMON P.O., KOLLAM. ADV. SRI.M.V.THAMBAN FOR R3-4 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.23853/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE PETITION BEFORE THE 1ST RESPONDENT ON 10.6.2005. EXT.P2: COPY OF THE ORDER IN CRL.M.P.NO.2315/2005 ON THE FILES OF SESSIONS COURT, KOLLAM. EXT.P3: COPY OF THE ORDER IN CRL.M.P.2185/2008 ON THE FILE OF SESSIONS COURT, KOLLAM IN CRIME NO.967/2007. EXT.P4: COPY OF THE PETITION BEFORE THE 1ST RESPONDENT ON 31.07.2008. RESPONDENT'S EXTS: EXT.R4(a): COPY OF COMPLAINT BEFORE THE POLICE ADALAT ON 26.11.2006. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI,JJ. ---------------------------------------- W.P.(C) No.23853 OF 2008 ---------------------------------------- Dated this the 22nd day of September, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner has approached this Court alleging that the 2nd respondent is harassing him at the instance of the respondents 3 and 4. The 3rd respondent is his brother-in-law and the 4th respondent is his wife. The petitioner submits, he is working in the gulf and he is an affectionate husband taking care of his wife and the two children born out of their marriage. On 25.8.2005, when he returned from the gulf, it was found that his wife was missing. She came back two days thereafter. She was on a tour along with her children and an young man. Though the petitioner condoned her lapses, she filed a complaint against him before the police. Apprehending arrest, he moved the Sessions Court for anticipatory bail. The said application was closed recording the submission of the police that no crime has been registered against him. Later, when a crime was registered against him under Section 498A of the W.P.(C) No.23853/2008 2 I.P.C., he moved the Sessions court and obtained anticipatory bail. Later, the 2nd respondent summoned him to the police station and demanded him to pay Rs. 3,00,000/- to the petitioner. Feeling aggrieved by the said harassment from the part of the 2nd respondent, he preferred Ext.P1 representation before the District Superintendent of Police. But, no action was taken to restrain the 2nd respondent. Therefore, this writ petition was filed seeking the following relief: i) To issue a writ of mandamus or any other writ, order or direction compelling and commanding the 2nd respondent not to harass the petitioner at the instance of the respondent Nos.3 and 4 and to direct the 1st respondent to see that 2nd respondent will not harass the petitioner. 2. The learned Government Pleader, upon instructions, submitted that the police have registered a crime against the petitioner under Section 498A of the I.P.C. and he has obtained anticipatory bail also. The police denied the allegations of the harassment or asking the petitioner to pay Rs.3,00,000/- to his wife. W.P.(C) No.23853/2008 3 3. The 3rd and 4th respondents have filed a counter affidavit denying all the allegations against them. The 4th respondent submitted that at the time of her marriage, she was given 30 sovereigns of gold ornaments and also a plot of land having an extent of 8 cents. Immediately, after the marriage, the petitioner sold 5 sovereigns of gold. Thereafter, for going abroad, he sold the remaining 25 sovereigns of gold ornaments. He has also threatened and manhandled her to compel her to sell the 8 cents of property owned by her. She was constrained to oblige finally and it was sold for Rs.2,00,000/-. Out of the said two lakhs, one lakh was received by her mother-in-law and the remaining one lakh was deposited in the Government treasury in the joint account of the petitioner and the 4th respondent. The petitioner has produced Ext.R4(a) complaint filed by her before the Deputy superintendent of Police, Kollam pointing about the various harassment from the part of her husband. She has stated the correct facts in that petition, it is submitted. W.P.(C) No.23853/2008 4 In view of the submission made by the learned Government Pleader, which we have already noticed, the writ petition is closed without prejudice to the contentions of both sides. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps