IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).No. 25294 of 2010(J) -------------------------- PETITIONERS: --------------- 1. VIJAYA CHANDRAN,W/O.CHANDRAN,AGED 50 YEARS,RESIDING AT PUTHIYAVETTIL HOUSE, POYIKATTUSERRY,CHENGAMANAD PO,ALUVA,ERNAKULAM. 2. RAJEEV.P.C,S/O.CHANDRAN,AGED 29 YEARS, RESIDING AT PUTHIYAVETTIL HOUSE, POYIKATTUSERRY,CHENGAMANAD PO,ALUVA,ERNAKULAM. BY ADV. SRI.C.K.PAVITHRAN SRI.M.VIVEK RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, CHENGAMANAD POLICE STATION,ERNAKULAM DISTRICT- 683 578. 2. DISTRICT SUPERINTENDENT OF POLICE, (RURAL),ALUVA,ERNAKULAM DISTRICT-683 101. GOVERNMENT PLEADER, SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 25294 of 2010 J - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of August, 2010 JUDGMENT Joseph, J. The first petitioner is the mother of the second petitioner, who is her elder son. She has another son, who is working at Bangalore. The allegation is that when the younger son came home on leave, a police party came to the house and searched everywhere without notice and taken custody of the second petitioner. Two mobile phones were also seized without giving any acknowledgment. The first petitioner was threatened that her sons will be tortured physically. Her younger son was detained in the police station for the whole day. The Sub Inspector of Police abused the petitioner. 2. On 23.7.2010 the Sub Inspector again came to the house of the petitioners and he abused the first petitioner using obscene W.P.(C).No. 25294 of 2010 2 words in front of 30 to 40 people. The first petitioner, who is a blood pressure patient, fainted and she was taken to the hospital. The petitioners have not committed any crime and they are not accused in any case. 3. The learned Government Pleader, on instructions, submits that there is a criminal gang operating and confession statement was recorded from one of the members regarding financial assistance given to the younger son of the first petitioner. It is in connection with the same that the police party decided to conduct the enquiry. It is admitted that no crime is registered against the petitioners. The learned Government Pleader denies the allegations raised. 4. In the circumstances of the case, we dispose of the Writ Petition. We record the submission of the learned Government Pleader. We leave it open to the petitioners to approach any competent forum, including the Police Complaint Authority, if so advised, against any acts or omission on the part of police officers. We further direct W.P.(C).No. 25294 of 2010 3 that the petitioners will not be harassed by the respondents. We also make it clear that it will be open to the police officers to conduct the investigation in accordance with law. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm