IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 35155 of 2008(I) -------------------------- PETITIONERS: --------------- 1. MOOSA, S/O. ALAVI, AGED 72 YEARS, KALLAYI HOUSE, RAMAPURAM.P.O, ANGADIPURAM, PERINTHALMANNA, MALAPPURAM DISTRICT. 2. BEEVI, W/O. MOOSA, KALLAYI HOUSE, RAMAPURAM.P.O, ANGADIPURAM, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: --------------- 1. THE CIRCLE INSPECTOR OF POLICE, PERINTHALMANNA, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, PERINTHALMANNA, MALAPPURAM DISTRICT. 2. THE DISTRICT SUPERINTENDENT OF POLICE, OFFICE OF THE DISTRICT SUPERINTENDENT OF POLICE, MALAPPURAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & V.K.MOHANAN, JJ. ----------------------------------------------------- W.P.(C)No.35155 OF 2008 I ----------------------------------------------------- DATED THIS THE 3RD DAY OF DECEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners are the parents of Mr.Majeed, who is an accused in a criminal case. They submit in search of their son, the police are making frequent and unscheduled visits to their house at odd hours. They are being threatened and harassed. They are also summoned to the Police Station. They are asked to produce their son, who is absconding. They say, they are senile and infirm owing to old age and illness. Feeling aggrieved by the alleged harassment from the part of the police, this Writ Petition was filed. 2. The learned Government Pleader upon instructions submitted that the petitioners' son is the 7th accused in Crime No.830/08 of Perinthalmanna Police Station, in which NDF activists are involved. The petitioners' son and a few other accused are absconding. The police are duty bound to trace them and arrest them. As part of the investigation into that crime, the W.P.(C)No.35155/08 2 petitioners were also questioned. The police deny the allegations of harassment. The learned Government Pleader also submitted that they have no intention whatsoever to harass the petitioners, who are the parents of an accused. This submission is recorded. If the first petitioner's presence is required, notice shall be issued to him under Section 160 Cr.P.C. If the second petitioner is to be questioned, the same shall be done only at her residence. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. V.K.MOHANAN, JUDGE. dsn