IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 2312 of 2011(L) -------------------------------- PETITIONER(S): ------------------- 1. JAYASREE R., W/O.LEELAKRISHNAN, AGED 40 YEARS, ARAPPURA VEEDU, ULIYANAD CHERRY, CHIRAKKARA VILLAGE, KOLLAM. 2. AMAL, AGED 17 YEARS, S/O.LEELAKRISHNAN, ARAPPURA VEEDU, ULIYANAD CHERRY, CHIRAKKARA VILLAGE, KOLLAM, REPRESENTED BY HIS MOTHER 1ST PETITIONER. BY ADV. SRI.R.SATISH KUMAR RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE SUPERINTENDENT OF POLICE, LAW AND ORDER, KOLLAM DISTRICT- 691 010.. 3. THE SUPERINTENDENT OF POLICE, LAW AND ORDER, KOLLAM DISTRICT - 691 031. 4. THE SUB INSPECTOR OF POLICE, PARAVOOR POLICE STATION, KOLLAM DISTRICT - 691 301. R1 TO R4 BY GOVT.PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 2312/2011(L) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PETITION DATED 18/01/2011 FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT. P2: COPY OF THE POSTAL RECEIPT. RESPONDENTS EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 2312 OF 2011 L ----------------------------------------------------------- Dated this the 27th January, 2011. JUDGMENT Basant, J. The wife and minor son of one Leelakrishnan, an Advocate clerk, have come before this Court complaining about police harassment and seeking issue of directions to prevent such harassment on the part of the police. 2. Against the said Leelakrishnan, the husband/father of the petitioners, an Advocate clerk, his boss the Advocate has filed a complaint under Section 138 of the Negotiable Instruments Act. The complaint was filed before the Court at Delhi. Though the complaint was filed as early as in 2007, the said Court has not been able to procure the presence of the accused till now. Warrants issued by the Court at Delhi are pending. According to the petitioners, under the influence of the Advocate, the boss of the said Leelakrishnan, police are trying to vex and harass them. The petitioners have been threatened that they or either of them shall be taken into custody if the said Leelakrishnan does not appear before Court or surrender before WPC 2312/2011 2 police. It is in these circumstances the petitioners have come to this Court with this petition. The learned Govt. Pleader after taking instruction submits that there is no element of harassment or vexation in the action of the police. The warrant has to be executed. The warrant issued by a court outside the State has not been executed so far. The same deserves to be executed immediately. Attempts are being made to execute the warrant. As part of such attempts the police did go to the house of the said Leelakrishnan. He is making himself scarce. A tab was placed on the movements of the said Leelakrishnan and attempt was made seriously to apprehend him and to bring him to book. The honest efforts made by the police officials to secure the presence of Leelakrishnan in execution of the warrant issued by the Court cannot be described to be vexation or harassment. This petition may in these circumstances dismissed, submits the learned Govt. Pleader. The learned Govt. Pleader makes it crystal clear that either petitioners shall not be proceeded against but they cannot be permitted to claim any protection against the acts of the police. Learned counsel for the petitioners submits that the said Leelakrishnan had moved the High Court and the High Court by order dated 25-1-2011 in WPC 2312/2011 3 B.A.650/2011 has granted the said Leelakrishnan time up to 27-4-2011 to surrender before the Court concerned. He shall comply with the said directions, it is submitted. The learned Govt. Pleader submits that if there be any such orders, the police shall not be taking steps to trace the said Leelakrishnan . No copy of the order is placed before this Court or furnished to the learned Govt. Pleader. In these circumstances the learned Govt. Pleader is unable to make any undertaking. If there be any valid order issued by Court and its terms and conditions have been complied with, the same shall be scrupulously followed submits the learned Govt. Pleader. Terms and tenor of the order shall be scrupulously followed. We have no reason to assume that the police shall not abide by directions if any issued by this Court. We do not in these circumstances find it necessary to issue any directions invoking our jurisdiction under Art.226 of the Constitution. This petition is accordingly dismissed with the above observations. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 2312/2011 4 WPC 2312/2011 5