IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(C).No. 4576 of 2011(V) ------------------------- PETITIONER(S): --------------- JOSEPH SAJAN, AGED 36 YEARS, S/O.LORANCE, THATTASERY HOUSE, S.N.D.P.ROAD, KUMBALANGI, ERNAKULAM DISTRICT. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT HOME, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE SUB INSPECTOR OF POLICE, KOCHI KASABA POLICE STATION, PALLURUTHY, KOCHI, ERNAKULAM DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, KOCHI KASABA POLICE STATION, PALLURUTHY, KOCHI, ERNAKULAM DISTRICT. 4. C.V.JOSEPH, AGED 72 YEARS, S/O.VACO, KOCHERI HOUSE, KUMBALANGI P.O., KOCHI-7. 5. GEORGE, S/O.JOSEPH @ JUSE, KALOORVEETIL, KUMBALANGI P.O., KOCHI-7. 6. ANTONY, AGED 35 YEARS, S/O.GEORGE, CHAVELLIL HOUSE, KUMBALANGI P.O., KOCHI-7. R1 TO R3 BY GOVT. PLEDER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ----------------------------------- W.P(C).NO.4576 OF 2011 ------------------------------------ Dated this the 16th day of February, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. Heard learned counsel for the petitioner and learned Government Pleader. Respondents 4 to 6 are arrayed as accused persons in Cr.No.93/11 of the Kochi Kasba Police station. The writ petitioner is the de facto complainant in that case. We have perused Ext.P2 order of the court of sessions. We have also seen Ext.P1 discharge summary. Learned Government Pleader states on instructions that the allegation that the police are harassing the petitioner to withdraw the complaint is unfounded. He says that the accused persons moved this Court for bail and are still at large. Since respondents 4 to 6 are persons who are treated as accused in a criminal case, we WPC.4576/11 2 do not deem it appropriate to require them to place their version of the story before us. They may have to face trial in the case which is still at a stage of investigation. We would, however, take the view that the police has to maintain law and order and ensure that any threat to the life of the petitioner is appropriately taken care of. However, there is no material on record for us to hold that there is any chance of the police trying to harass the petitioner. We also notice that even the court of session had noted in Ext.P2 that the quality of injuries on the person of the petitioner as recorded by Ext.P1 discharge summary tend to indicate that the investigator may have to look a second time into its own file. We close the writ petition with liberty to the petitioner to bring to the notice of the Commissioner of Police any complaint of harassment if happened in this case since Police Complaint Authorities under Section 17E of the Kerala Police WPC.4576/11 3 Act are now in place at the state and district levels. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.16/2.