IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 8401 of 2008(A) ------------------------- PETITIONERS: ------------ 1. JORLY THOMAS @ SHIHABUDEEN, S/O. THOMAS, AGED 35 YEARS, KOZHIKODAN HOUSE, MALAYATTOOR VILLAGE, MALAYATTOOR KARA, ALUVA TALUK. 2. JAISON JOSE, AGED 25 YEARS, S/O. JOSE, MUKKATH HOUSE, MALAYATTOOR VILLAGE, MALAYATTOOR KARA, ALUVA TALUK. BY ADV. SRI.SIRAJ KAROLY RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, KALADY, KALADY POLICE STATION, KALADY P.O. 2. THE DISTRICT SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA. 3. THE DIRECTOR GENERAL OF POLICE, LAW AND ORDER, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & K.T.SANKARAN, JJ. ----------------------------------------- W.P.(C) NO. 8401 OF 2008-A ----------------------------------------- Dated 4th April, 2008. JUDGMENT Balakrishnan Nair, J. The petitioners are the accused in Crime No.306/2007 registered by the Kalady Police under Sections 143, 147, 148, 452 and 326 read with Section 149 of the I.P.C. They have already been released on bail by the Judicial First Class Magistrate's Court, Perumbavoor, with a condition that they shall co-operate with the investigation and appear before the police on alternative Thursdays. Some of the accused are yet to be apprehended. The petitioners submit, the police are unnecessarily summoning them to the police station and harassing them. They were taken into custody on 9.3.2008. They were detained in the police station for the whole day and were released only during the night. So, they have filed Ext.P1 complaint before the 2nd respondent District Superintendent of Police, complaining about the harassment from the part of the 1st respondent S.I of Police. Thereafter, this writ petition is filed, seeking appropriate reliefs. 2. As directed by this Court, a statement has been filed on behalf of WPC 8401/2008 2 respondents 2 and 3. They deny all the allegations against the S.I of Police. According to them, the petitioners are not co-operating with the investigation and therefore, the police told them that they are going to move the Sessions Court for cancellation of the bail granted to them. To prevent the police from moving the Sessions Court, this writ petition is filed, raising false allegations, it is submitted. 3. The learned Government Pleader further submitted that the police have no intention, whatsoever, to harass the petitioners. They will investigate the crime only in accordance with law. This submission is recorded and the writ petition is disposed of. The contention of the petitioners that the police have acted illegally is kept open. They may seek the remedies available to them under law before other forums against the alleged illegalities committed by the police. K.BALAKRISHNAN NAIR, JUDGE. K.T.SANKARAN, JUDGE. Nm/