IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 6810 of 2008(I) ------------------------- PETITIONERS: ------------ 1. THANKAPPAN, 37/6, KOPPANALIL HOUSE, NADUTHURUTHI, PANANGAD, ERNAKULAM. 2. SANTHA, W/O.THANKAPPAN, 37/6, KOPPANALIL HOUSE, NADUTHURUTHI, PANANGAD, ERNAKULAM. BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENTS: ------------- 1. CITY POLICE COMMISSIONER, ERNAKULAM. 2. STATION HOUSE OFFICER, PANANGAD POLICE STATION, PANANGAD. 3. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO. 6810 OF 2008-I ----------------------------------------- Dated 18th March, 2008. JUDGMENT Balakrishnan Nair, J. The petitioners are husband and wife. They have approached this Court, alleging that the 2nd respondent is harassing them unnecessarily. On 18.1.2008 the 2nd respondent and his party came to the petitioners' residence and by use of force, took away a motorcycle with registration No.KL39 9537. Later, on the night of 24.2.2008 the 2nd respondent along with six policemen broke open their gate, entered their residential building and manhandled the petitioners. The 1st petitioner was admitted in the General Hospital, Ernakulam due to major injuries. They damaged the household articles and also a motorcycle used by the son-in-law of the petitioners. The petitioners submit, they or their family members are not involved in any offence. Against the harassment, the 2nd petitioner filed Ext.P1 petition before the 1st respondent City Police Commissioner. It was followed by Ext.P2 representation filed by the 1st petitioner. But, so far, the 1st WPC 6810/2008 2 respondent has not taken any action to restrain the 2nd respondent. 2. The 2nd respondent has filed a statement, alleging that the petitioners' son Mr.Shibu is an accused in Crime No.41/2008, registered under Sections 141, 143, 144, 323, 324 and 294(b) read with Section 149 of the I.P.C. The motorbike was seized when the said Mr.Shibu tried to escape from arrest by riding on it. Finally, he abandoned the motorcycle and vanished. Therefore, the motorcycle was taken into custody. It was also found that the said motorcycle was involved in crime No.655, registered under Sections 397 and 365 of I.P.C., of Chengammanad Police Station. The 2nd respondent denies the allegations against him. It is submitted that the police tried to arrest the petitioners' son Mr.Shibu and on getting information that he is in the petitioners' house, the police party came there. 3. The police must be conceded freedom to investigate the crimes registered against the petitioners' son. They have also the power to search for him and arrest him. If, in that process the police have exceeded their powers and gone to the extent of manhandling the petitioners, they may move the competent officer/court and seek reliefs. If Exts.P1 and P2 are received and pending, the 1st respondent shall look into the same and take appropriate action in accordance with law, if there is any substance in the WPC 6810/2008 3 allegations of the petitioners raised in those representations. We record the submission of the 2nd respondent that he has no intention to harass the petitioners and he is only acting in accordance with law, to arrest their son, who is a criminal. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/