IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WP(C).No. 38058 of 2008(E) -------------------------- PETITIONER(S): -------------------------- DR.JOSE KOSHY GEORGE AGED 48 YEARS, MANAGING DIRECTOR JOSCO MULTI SPECIALTY HOSPITAL AND COLLEGE OF NURSING, IRANIKKUZHI,PANDALAM, MAVELIKKARA. BY ADV. SRI.ESM.KABEER SMT.K.M.AMINA BEEVI RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE (ADMINISTRATION) ALAPPUZHA. 3. DR.SAMUEL ALIAS GEORGE SAMUEL VALIYAPARAMBIL, MANGAMKUZHI MURI, VETTIYAR VILLAGE, MAVELIKKARA. R1 & R2 BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.P.(C).No.38058 of 2008 ------------------------- Dated this the 2nd day of January, 2009. JUDGMENT KOSHY, Ag.C.J. It is the case of the petitioner that, on the basis of a complaint made by the 3rd respondent, the police is harassing the petitioner. 2. If a complaint is received by the police, prima facie, the police will be free to conduct an investigation, but the police shall not harass the petitioner. According to the petitioner, he was called to the police station on 13.11.2008 and again he is being called. The petitioner cannot say that he shall not be called to the police station, as investigation is the duty of the police. Whenever the presence of the petitioner is required, the Station House Officer shall give written summons and only if necessary, the petitioner shall be called to the police station and he shall not be detained in the police station unnecessarily. W.P.(C).No.38058 of 2008 :: 2 :: Recording the submission of the learned Government Pleader that the police will not harass the petitioner, the writ petition is disposed of. Sd/- (J.B. KOSHY) Ag. Chief Justice Sd/- (V.GIRI) JUDGE sk //true copy// P.S. to Judge