IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 32558 of 2008(A) -------------------------- PETITIONER(S): --------------- 1. YOGESH, S/O. KRISHNAN, AGED 29 YEARS, VALIYAVEEDU HOUSE, THIRUVALATHUR P.O., KALLINGAL, PALAKKAD. 2. ALEX, S/O. JOHNY, AGED 26 YEARS, PALAYAPET, KOPPAM, PALAKKAD. 3. UDAYAN, S/O. RAKKAN, AGED 26 YEARS, PAZHAYA KALAM, WEST YAKKARA, PALAKKAD. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): --------------- 1. THE INSPECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, PALAKKAD. 3. THE CIRCLE INSPECTOR OF POLICE, PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD. 4. THE SUB INSPECTOR OF POLICE, PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD. BY SR.GOVT. PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 32558/08 APPENDIX PETITIONERS' EXTS. EXT.P1 - TRUE COPY OF ORDER IN CRL.M.C.NO.3073/08 DT. 7.10.08 OF SESSIONS COURT, PALAKKAD. EXT.P2 - TRUE COPY OF REPRESENTATION DATED 12.10.08 SENT TO 1ST RESPONDENT. /TRUE COPY/ K.BALAKRISHNAN NAIR & V.K.MOHANAN, JJ. ----------------------------------------- W.P.(C) NO. 32558 OF 2008-A ----------------------------------------- Dated 5th December, 2008. JUDGMENT Balakrishnan Nair, J. The petitioners have approached this Court, alleging that the 4th respondent Sub Inspector of Police, Palakkad Town South Police Station, is harassing them. They are being threatened, stating that they will be implicated as accused in Crime No.471/2008 of that Police Station. When they moved the Sessions Court for anticipatory bail, the court was told by the police that they are not accused in any case and therefore, it is not proposed to arrest them. Based on that submission, the application for anticipatory bail was dismissed by the learned Sessions Judge, as per Ext.P1 order. Even thereafter, when the harassment continued, the 1st petitioner preferred Ext.P2 petition before the Inspector General of Police, Thiruvananthapuram. Thereafter, this writ petition is filed, seeking appropriate reliefs. WPC 32558/2008 2 2. The learned Government Pleader, upon instructions, submitted that a crime has been registered for the theft of a suitcase with substantial amount of money in it. Since the petitioners were suspected to be involved in that crime, they were questioned. Now two persons are arrested as accused in the said crime. Three more accused are to be identified and arrested. The investigation so far made by the police has revealed that there is no involvement of the petitioners in the said crime, it is submitted. 3. The petitioners submit that an autorickshaw belonging to the 1st petitioner's brother and a motor bike belonging to the said petitioner are seized by the police. The learned Government Pleader submitted that if those vehicles are still with the police, they will either be released to the petitioners or produced before the court under Section 102 of the Cr.P.C. The learned Government Pleader also submitted that the police have no intention, whatsoever, to harass them. The above submissions of the learned Government Pleader will redress the WPC 32558/2008 3 grievance of the petitioners. Accordingly, recording the above submissions, the Writ Petition is disposed of. K.BALAKRISHNAN NAIR, JUDGE. V.K.MOHANAN, JUDGE. Nm/