IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 5678 of 2009(D) ------------------------- PETITIONER(S): --------------- SURESH C, S/O. VASU, AGED 35 YEARS, CHENNAMKULATH HOUSE, MARANJERI P.O., MALAPPURAM DISTRICT. BY ADV. SRI.SHAJI P.CHALY RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY HOME, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH OFFICE, MALAPPURAM. BY GOVERNMENT PLEADER SRI.P.A.SALIM. FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No. 5678 of 2009 ------------------------------- Dated this the 24th June, 2009 J U D G M E N T Raman, J. This writ petition is filed alleging police harassment. It is stated that a passport belonging to the petitioner has been seized by the second respondent. As far as the allegation of harassment is concerned, a very detailed counter affidavit has been filed. Even though as at present, the petitioner is not implicated in any crime, it is averred that the petitioner is a suspect whose involvement cannot be ruled out at this stage, and, therefore, the investigation is still in progress. In such circumstances, the petition against harassment cannot be viewed as one for interdicting the police from performing their official duties, in accordance with law. W.P.(C) No.5678 of 2009 2 2. Harassment is not defined anywhere. It is to be gathered from various circumstances pointed out. In the nature of the allegations and counter allegations, it is rather impossible for us to come to a definite conclusion that any harassment is meted out to the petitioner. However, it is made clear that in case the presence of the petitioner is required in connection with any investigation or enquiry, he will be issued with a notice under Section 160 of Code of Criminal Procedure. 3. As regards the allegation that passport of the petitioner has been seized by the second respondent, the learned Government Pleader now submits that police has reported the matter to Judicial First Class Magistrate Court, Ponnani, seeking for a direction to the petitioner and to other suspects to surrender their passport before the court. 4. In such circumstances, we direct the Judicial First Class Magistrate Court, Ponnani, to take into consideration the complaint of the petitioner regarding the passport alleged to W.P.(C) No.5678 of 2009 3 have been seized from him, and to issue necessary directions, after due enquiry in this regard. The writ petition is accordingly closed with the above observations. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.