IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 WP(C).No. 31316 of 2010(L) -------------------------- PETITIONER(S): --------------- SUNIL KUMAR @ REJI, AGED 40 YEARS, MANAYATHUSERIL HOUSE, P.C.KAVALA PO, PAIPPAD, CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): --------------- 1. DEPUTY SUPERINTENDENT OF POLICE, CBCID OCW II, ALAPPUZHA WING, ALAPPUZHA, REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. 2. THE DETECTING INSPECTOR,OFFICE OF THE DETECTING INSPECTOR, CBCID OCW II, ALAPPUZHA WING, REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. 3. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT,HOME DEPARTMENT,GOVRNMENT SECRETARIAT,THIRUVANANTHAPURAM , PIN 695 001. GOVERNMENT PLEADER SRI.ALEX M.THOMBRA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.31316 of 2010 ---------------------------------------- Dated this the 18th day of October 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: i) to issue a writ of mandamus directing the respondents not to harass the petitioner. 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner is a permanent resident of Paippad and is residing at the address shown for the past many years. Two years back, a man by name Jayamohan started residing near the petitioner's house. The said house does not have an electric connection. So Jayamohan used to come to petitioner's house for charging his mobile phone. Recently the petitioner came to know that Jayamohan is an accused in Crime No.165/CR/S1/05 before the CBCID OCW II Alappuzha in connection with a counterfeit currency case. The petitioner is receiving calls from the personnel attached to the 2nd respondent directing him to appear in the office of the 2nd respondent. There are threatening W.P.C.No.31316 of 2010 2 calls from the 2nd respondent. The petitioner is being harassed. 4. The learned Government Pleader submits that Jayamohan is the second accused in crime No.65/05. A look out notice has been published. Though notice under Section 160 Cr.P.C sought to be served on the petitioner, it could not be served. Therefore the notice was served on the brother of the petitioner on 08/10/2010 directing the petitioner to appear before the 2nd respondent on 11/10/2010. But the petitioner did not appear. The learned counsel for the petitioner submits that the petitioner is prepared to co-operate with the enquiry. His only apprehension is one of harassment. 5. The learned Government Pleader submits that there would be no harassment; but only enquiries. Investigation will be conducted in accordance with law. The learned counsel for the petitioner submits that the petitioner will appear on 22/10/2010 before the 2nd respondent at 10 a.m so that he may question him in connection with crime No.165/2005. 6. We record this submission and also the submission of the learned Government Pleader and dispose of this writ petition. In case the petitioner is required in connection with the W.P.C.No.31316 of 2010 3 case again, that is apart from questioning him on 22/10/2010, the petitioner shall be served a notice under Section 160 Cr.P.C. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.31316 of 2010 4 W.P.C.No.31316 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010