IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 WP(C).No. 9119 of 2011(L) -------------------------------------- PETITIONER(S): ----------------------- 1. LEELA, AGED 55 YEARS, W/O.JANARDHANAN, ANIL BHAVAN, RAMARASSERRY, BHARATHANNUR P.O., THIRUVANANTHAPURAM. 2. ANILKUMAR, AGED 27 YEARS, S/O.JANARDHANAN, ANIL BHAVAN, RAMARASSERRY, BHARATHANNUR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT OF POLICE, CRIME BRANCH, THIRUVANANTHAPURAM UNIT, JAWAHAR NAGAR, KAUDIAR, THIRUVANANTHAPURAM DISTRICT-695 003. 2. THE SUB INSPECTOR OF POLICE, CRIME BRANCH, THIRUVANANTHAPURAM UNTI, JAWAHAR NAGAR, KAUDIAR, THIRUVANANTHAPURAM DISTRICT-695 003. R1 & R2 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.9119/2011 APPENDIX PETITIONER'S EXHIBITS: NIL RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 9119 of 2011-L ------------------------------------------------- Dated this the 29th day of March, 2011 JUDGMENT Basant,J. The petitioners are a mother and son aged 55 years and 27 years respectively. They complain of harassment by the police. A boy aged 11 years was found missing. On the following day, his dead body was traced. A crime was initially registered at the Pangode Police Station. Later, investigation was transferred to the Crime Branch CID. The crime is now re-registered by the CB CID as Crime No.198/09. Investigation is in progress. After receipt of the post-mortem report, an offence under Sec.302 IPC has also been included. The grievance of the petitioners is that the officials of the CB CID are unnecessarily vexing and harassing the petitioners. They hence pray that directions under Art.226 of the Constitution may be issued to put an end to such vexation and harassment. 2. The learned Government Pleader, after taking instructions, submits that the investigation is in progress. A friend of the 2nd petitioner is suspected to be linked with the crime committed. That friend and the 2nd petitioner were W.P.(C) No. 9119 of 2011 -: 2 :- interrogated. They have given conflicting versions. The police want to continue the investigation. The 2nd petitioner and the said friend will have to be interrogated further. Interrogation, in the course of investigation, cannot be described to be harassment. To ascertain truth, it is essential that the petitioners are further questioned by the police. 3. The learned Government Pleader, on behalf of respondents 1 and 2, submits that the investigation shall be conducted perfectly in accordance with the provisions of the Code of Criminal Procedure. There shall be no harassment at all. But the petitioners cannot be granted exemption from the obligation to co-operate with the Investigating Officers. The petitioners may be directed to co-operate with the Investigating Officers. There shall be no harassment against the petitioners by the respondents, it is undertaken. 4. The learned counsel for the petitioners submits that the petitioners are willing to co-operate with the Investigating Officers. But they are asked to subscribe statements not in tune with the truth; but in tune with the dictation of the Investigating Officers. That precisely is the difficulty experienced by the petitioners, it is submitted. 5. We have considered all the relevant inputs. We are W.P.(C) No. 9119 of 2011 -: 3 :- satisfied that no directions under Art.226 of the Constitution deserve to be issued. We accept the submission of the learned counsel for the petitioners that the petitioners are willing to co-operate with the Investigators. We accept the submission of the learned Government Pleader that the Investigators shall question the petitioners strictly in accordance with the provisions of the Cr.P.C. If the presence of the petitioners are required in connection with the investigation, proper notice shall be issued by the respondents to procure their presence. 6. With the above observations, this writ petition is dismissed. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge