IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 33562 of 2011(U) -------------------------- PETITIONER(S): --------------- 1. SALIM KUMAR, S/O C.K.ABDUL HAKKIM, VAIDYANTE VEEDU, EDAVA, THIRUVANANTHAPURAM- 695 311. 2. RAMLA BEEVI, W/O C.K. ABDUL HAKKIM, RESIDING IN DO.DO.DO. BY ADV. SRI.K.JAYAKUMAR, SENIOR ADVOCATE SRI.P.B.KRISHNAN SRI.N.AJITH SRI.P.B.SUBRAMANYAN RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, THIRUVANANTHAPURAM- 695 001. 2. THE SUPERINTENDENT OF POLICE THIRUVANANTHAPURAM- 695 001 3. THE CIRCLE INSPECTOR OF POLICE, VARKALA POLICE STATION, VARKALA P.O, THIRUVANANTHAPURAM- 695 141. 4. THE SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, VARKALA P.O, THIURVANANTHAPURAM- 695 141. 5. SHAMSHEER, S/O SHAMSUDDIN, VADAKKE VAYALILTHODI(THOTTAM), PARAPPURAM EDAVA P.O, THIRUVANANTHAPURAM- 695 311. 6. ABDULMANAF @ MANAF, S/O ABDUL RAHIM, WEST CHEKKALA, THERUVU MKKU, EDAVA P.O, THIRUVANANTHAPURAM-695 311. 7. BABU JINNAH, S/O SHAMSUDDIN,NEW KALLAZHI, PARAPPURAM, PARAYIL, EDVA P.O, THIRUVANANTHAPURAM- 695 311 8. SAIFUDDIN @ SAIF, S/O ABDUL SAMAD, NADAYARA, VARKALA, THIRUVANANTHAPURAM-695 311. BY GOVT.PLEADER SRI.SHYSON.P.MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.33562/2011 APPENDIX PETITIONERS' EXHIBITS; EXT.P1:DATED 15/10/2011,COPY OF THE ORDER IN CRL.M.C. NO.1867/2011, PASSED BY THE COURT OF SESSIONS, THIRUVANANTHAPURAM. EXT.P2: DATED 17/10/2011, TRUE COPY OF THE COMPLAINT MADE BY SHYLA FAZIL BEFORE RESPONDENT NO. 1 EXT.P3: DATED 17/10/2011, TRUE COPY OF THE FORWARDING LETTER NO. DOM/ONS/415/1/2010 OF THE EMBASSY OF INDIA. EXT.P4: DATED 12/11/2011, TRUE COPY OF THE RECEIPT NO. 762/MOB/11-E1 ISSUED BY THE VARKALA POLICE. /TRUE COPY/ P.A. TO JUDGE PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 33562 OF 2011 ------------------------ Dated this the 22nd day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioners, the son and mother, have filed this writ petition complaining that without any justifiable cause, the police officers particularly respondents 3 and 4, are harassing them. 2. On hearing the submissions of Sri.K.Jayakumar learned counsel for the petitioners and considering the averments in the writ petition and the various documents produced along with the same, we directed the State Attorney who took notice on behalf of respondents 1 to 4, to seek instructions from the concerned among those respondents as to the correctness of the accusations of police harassment. 3. Today, the learned senior Government Pleader Sri.Shyson P.Manguzha on behalf of the State Attorney submitted that the accusations of police harassment are not correct. Local W.P.(C) No. 33562 /2011 2 people brought Sri.Shamsheer - 5th respondent to the police station complaining that Sri.Shamsheer had cheated them by collecting money from them offering them with visas. When Sri.Shamsheer was questioned he told the police officers that a sum of Rs.2,65,000/- and four passports had been entrusted by him with the first petitioner to be handed over to the persons who had entrusted cash and passports with the 5th respondent Sri. Shamsheer. The attendance of the petitioners was requested only in connection with the the enquiry into the same. The enquiry revealed that the petitioners have no complicity in the issue pertaining to the collection of passports and money from the local public offering visas. The attendance of the petitioners is no longer required. The senior government Pleader requested the submissions, which are made on the basis of the written instructions received by him be recorded and the writ petition be closed. 4. Sri.K.Jaya Kumar learned senior counsel for the petitioners drew our attention to Ext.P1 order passed by the learned Session Judge in the anticipatory bail application filed under section 438 of the Cr.P.C. According to the learned senior W.P.(C) No. 33562 /2011 3 counsel, the petitioners became obliged to move the Session Judge for anticipatory bail when they were told that there were some cases against them and they are about to be arrested. The stand taken by the police before the Session Court was that there is no case. That is why Ext.P1 order was passed. Even after Ext.P1 order was passed, the police officers went on visiting the petitioners' house even during late hours. A clear direction be issued to the police to stop that , so submitted by the learned senior counsel. 5. We have anxiously considered the submissions addressed at the Bar. We record all the submissions of the learned Government Pleader including the submission that no case has been registered against the petitioner and the attendance of the petitioner is no longer required in connection with the enquiry or investigation. 6. We direct the respondents 2 to 4 and the police officers under the 2nd respondent not to visit the residential house of the petitioners unless the same be in connection with enquiry into a petition or crime which is registered. At any rate there will be a direction to those officers to issue notice in writing under W.P.(C) No. 33562 /2011 4 Section 160 Cr.P.C. to the petitioners if their attendance is required in connection with any enquiry or investigation in future. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 33562 /2011 5