IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 416 of 2010(B) --------------------------------------------- PETITIONER(S): ---------------------- 1. M.V.VARGHESE, AGED 65 YEARS, S/O.VARKEY, MATTAPPILLY HOUSE, KOOVAPPADY, PERUMBAVOOR. 2. SUJESH M.VARGHESE, AGED 35 YEARS, S/O.VARGHESE, MATTAPPILLY HOUSE, KOOVAPPADY, PERUMBAVOOR. 3. MOLY BABY, AGED 50 YEARS, W/O.BABY, KADINJUMMEL HOUSE, VENGOOR, PERUMBAVOOR. BY ADV. SRI. BASIL JOY RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY HOME SECRETARY, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE CRIME BRANCH OFFICE, ANJUMANA, EDAPPALLY. BY GOVERNMENT PLEADER SHRI P.N. SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 416 OF 2010 B --------------------------------------------------- Dated this the 27th January, 2010 JUDGMENT K.M. Joseph, J. The Writ Petition is filed alleging police harassment and a mandamus is sought directing to stop harassment. Briefly put, the case of the petitioners is as follows: The first petitioner is an aged person and the father of the second petitioner. The third petitioner is a house wife and the niece of the first petitioner. The controversy centers round the younger son of the first petitioner, named Shri Subash. It is stated that he is an accused in Crime No.1682/09 of the Kothamangalam Police Station. It is stated that Shri Subash is alleged to have connection with another case of man-missing. It is alleged that the marriage of the second petitioner which was fixed, had to be broken due to police harassment. It is stated that the engagement was on 9.1.2010. It is stated that the police harassment may affect this proposal also. It is further stated that WPC.416/2010 B 2 the second petitioner also lost his job in a newspaper. 2. A Statement has been filed by the Deputy Superintendent of Police, Crime Branch CID, Homicide & Hurt Wing II, Ernakulam on behalf of the second respondent. There is reference made to the case of Ajas who was missing and the Writ Petition filed by his wife and the steps taken therein. Reference is also made to Shri Subhash Varghese and his alleged activities. It is further stated that Subhash Varghese is alleged to be the person behind the case, from the investigation so far. Thereafter, it is also, inter alia, stated that the third petitioner is a surety of Subhash Varghese in Crime No.1682/09. It is stated that there is no case pending against the petitioners at present, both in the Local Police and Crime Branch. It is stated that in order to locate Subhash Varghese, petitioners 2 and 3 were summoned to the Crime Branch Office, Ernakulam for getting the whereabouts of Subhash. But, they did not reveal anything about Subhash. There is denial of the allegation of mental or physical torture. It is stated that questioning of the WPC.416/2010 B 3 petitioners are absolutely necessary for gathering information about Subhash Varghese, and that it is stated that the first petitioner has also left from the place, when enquired about his son. 3. We heard the learned counsel for the petitioners and the learned Government Pleader. Learned counsel for the petitioners would submit that the petitioners are willing to co- operate with the investigation and there may not be any harassment. Learned Government Pleader, on the other hand, submits that investigation will be done strictly in accordance with law. In such circumstances, the Writ Petition is disposed of recording the submissions made both the learned counsel for the petitioners and the learned Government Pleader and directing that the investigation involving the petitioners will be done as per law. K.M. JOSEPH, JUDGE M.L. JOSEPH FRANCIS, JUDGE kbk.