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 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 29279 of 2010(H) ------------------------------------- PETITIONER(S): ---------------------- LATHA,W/O.SASIDHARAN,VALIYAVILA VEEDU, THANNIMOODU,VARKALA. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA SMT.S.MEERA SMT.M.G.AISHWARYA RESPONDENT(S): ------------------------ 1. THE DIRECTOR GENERAL OF POLICE,KERALA, POLICE HEADQUARTERS,THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE(RURAL), THIRUVANANTHAPURAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL. BY GOVERNEMNT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.29279 of 2010-H ---------------------------------------------- Dated, this the 27th day of September, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs: “ to issue a writ of mandamus or any other appropriate writ order or direction commanding the 3rd respondent not to harass the petitioner by calling her to the police station and abusing and mistreating her in spite of the fact that she is innocent of the offences alleged against her; ii to issue a writ of mandamus or any other appropriate writ order or direction directing the respondents 1 and 2 to consider Exts.P2 and P3 and take appropriate action, restraining the 3rd respondent from harassing the petitioner.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is a 48 year old lady. Allegations centers around her son and one Shalu. There is reference to the petition filed by the petitioner for police protection. Ext.P1 is the judgment therein. It is alleged that there is harassment by the police officers. 3. Learned Additional Director General of Prosecution, on instructions, would submit that there is a writ petition seeking police protection and also Habeas Corpus WPC No.29279/2010 -2- petition. It is submitted that on a complaint filed by Shalu originally the petitioner and her son were arrayed as accused. Subsequently, the petitioner was deleted from the array of accused. However, her son is accused in Crime numbered as Crime No.480/2010 of the Varkkala police station for the offences under Section 376, 420 of IPC and also under Section 3 (xii) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989. It is submitted that the son of the petitioner is absconding. It is only to secure the presence of the son certain enquires are conducted. Learned Additional Director General of Prosecution would submit that police will resort only lawful procedure and there will be no harassment of the petitioner,in particular he would submit that, the petitioner will not be called to the police station in connection with this matter. We record the said submission and leave it free the police officers to conduct enquiries in accordance with law without harassing the petitioner. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS