IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 17926 of 2011(M) -------------------------------- PETITIONER(S): ----------------- RAJEEVAN, S/O.ENANKAN, AGED 34 YEARS, LEKSHMI VILASOM, NEELESWARAM P.O., NEDUVATHOOR VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI SMT.BINDU GEORGE RESPONDENT(S): ------------------- 1. DISTRICT POLICE CHIEF, KOLLAM RURAL, KOTTARAKKARA- 6191506. 2. V.JOSHI, SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION-691505. 3. SIVASANKARA PILLAI, HEAD CONSTABLE, EZHUKONE POLICE STATION-691505. 4. DHANYA BABY, D/O.BABY KUTTAN, DHANYA BHAVAN, KANNANKODE, VETTIKKAVALA VILLAGE, KOTTARAKKARA TALUK-691506. 5. BABY KUTTAN, S/O.RAMACHANDRAN, DHANYA BHAVAN, KANNANKODE, VETTIKKAVALA VILLAGE, KOTTARAKKARA TALUK-691506. 6. SIVAPRASAD, S/O.RAMACHANDRAN, VISHNU BHAVAN (PANGODE VEEDU), KANNANKODE, VETTIKAVALA VILLAGE, KOTTARAKKARA TALUK-691506. GOVT. PLEADER SRI.JOBY PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17926 of 2011(M) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY PETITION IN O.P.(HMA) NO.536/11 ON THE FILE OF FAMILY COURT, KOTTARAKKARA DATED 08/06/11. EXT.P2:- THE COPY OF PETITION OP.535/11 DATED 08/06/11. EXT.P3:- COPY OF REPRESENTATION DATED 30/06/11 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P4:- THE COPY OF RECEIPT ISSUED BY THE 1ST RESPONDENT AND THE RECEIPTS REGARDING THE FAX SENT TO THE DGP AND THE CHIEF MINISTER. PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.17926 of 2011 ------------------------------------------------ Dated this the 11th day of July, 2011 JUDGMENT Abdul Rehim, J This Writ Petition is filed seeking relief by way of direction commanding respondents 2 and 3 not to harass the petitioner and his family members at the instance of respondents 4 to 6. Respondent No.4 is the wife of the petitioner and 5 and 6 are her father and uncle respectively. Admittedly there exists some matrimonial disputes between the petitioner and the 4th respondent. Complaint of the petitioner is that the respondents 1 to 3 are unnecessarily interfering with the dispute and compelling the petitioner to yield to the illegal demands raised by respondents 4 to 6. It is further complained that respondents 2 and 3 are not even permitting the petitioner to reside in his house and that he W. P. C. No.17926 of 2011 -2- had been forcefully ousted from there. 2. When the Writ Petition came up for consideration, this Court directed the Government Pleader to ascertain correctness of the allegations leveled against respondents 2 and 3. The learned Government Pleader, on the basis of instructions received, submits that the 4th respondent has lodged a complaint before the 2nd respondent raising allegations of offence committed by the petitioner, punishable under Section 498A IPC. On the basis of the said complaint, Crime No.552/11 of Ezhukon Police Station has already been registered against the petitioner for offence punishable under Section 498A and 34 IPC. It is further submitted that the case registered is being investigated by the 2nd respondent and in that connection, the police authorities are taking steps to record arrest of the petitioner. 3. It is submitted by Siju Kamalasanan, learned counsel appearing for the petitioner that, the petitioner has already W. P. C. No.17926 of 2011 -3- moved this Court seeking anticipatory bail in the criminal case registered. It is also alleged that the case was registered only after filing of this Writ Petition. 4. Since the petitioner is already implicated as an accused in the criminal case, it will be open to the 2nd respondent to pursue steps in connection with investigation of the said case. Further, the allegation regarding ousting of residence of the petitioner is totally baseless and no steps has ever been taken against the petitioner to prevent from residing in the house, is the submission of the Government Pleader. 5. Considering the factual aspects as stated above, we are of the opinion that the allegation regarding harassment from the side of respondents 2 and 3 has no basis. However, it is assured that, apart from steps taken for investigation of the crime already registered against the petitioner, there will not be any harassment to his family members. It is left open W. P. C. No.17926 of 2011 -4- to the petitioner to pursue the application for bail already filed. 6. Under such circumstances, this Writ Petition is closed leaving open remedy available to the petitioner to seek bail in the matter of the criminal case registered against him. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-