IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 WP(C).No. 38360 of 2010(T) ---------------------------------------- PETITIONER(S): ------------------------ AYOOB P., S/O.MUHAMMED, AGED 34 YEARS, PALAKKAL, MALUR KARA, PONNAI TALUK, VATTAMKULAM, MALAPPURAM. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): ---------------------------- 1. SUDARSHAN, FATHER'S NAME NOT KNOWN, AGED ABOUT 45 YEARS, CIRCLE INSPECTOR, PONNANI POLICE STATION, MALAPPURAM, PIN-679 579. 2. SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, MALAPPURAM, PIN-679 579. 3. THE SUPERINTENDENT OF POLICE, MALAPPURAM, PIN-679 579. R2 & R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 38360 of 2010-T ------------------------------------------------- Dated this the 14th day of January, 2011 JUDGMENT Basant,J. The petitioner has come to this Court complaining that at the instance of the 1st respondent, the police officials are unnecessarily vexing and harassing him. The petitioner prays that directions under Art.226 of the Constitution may be issued to the respondents not to vex and harass the petitioner. 2. According to the petitioner, he is a social worker and a Joint Convener of Bharathapuzha Samrakshana Samithi. It is an unregistered organization. The petitioner works to prevent illegal sand mining in the area. At the instance of persons involved in illegal sand minding, police officials are indulging in malicious and illegal activities. Their powers as police officials are being misused. W.P.(C) No. 38360 of 2010 -: 2 :- 3. Notice was given to the learned Government Pleader. The learned Government Pleader was requested to take instructions. The learned Government Pleader submits that respondents 1 to 3 are police officials and there is no question of the respondents attempting to harass or vex the petitioner. The petitioner is an accused in S.C.No.653/09 and two subsequent crimes. All the three crimes are registered, inter alia, under Sec.395 IPC. According to the police, the petitioner is not a bona fide social worker or environmental activist. He is allegedly involved in extracting amounts in an organized manner from the persons engaged in the activity of sand mining. In the pending Crime No.536/10 of the Ponnani Police Station the petitioner is absconding and attempts are being made to arrest the petitioner. The efforts of respondents 1 and 2 to trace and arrest the petitioner is mis-described to be harassment. The petitioner must immediately appear before the police or the court having jurisdiction and seek bail/anticipatory bail. If the petitioner makes himself available before the police/court, there shall be no further attempt to trace the petitioner. The learned Government Pleader on behalf of all the three respondents, police officials, undertakes that there shall be no attempt to trace the petitioner, provided he surrenders before the court W.P.(C) No. 38360 of 2010 -: 3 :- concerned or the police and seeks bail in accordance with law. 4. With the observation that the petitioner must immediately surrender before the court/police before whom his presence is required, we dismiss this writ petition accepting the undertaking of the learned Government Pleader that if the petitioner makes himself available before court, no further action shall be taken to trace the petitioner. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge