IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 37923 of 2007(M) ----------------------------------------- PETITIONER: --------------------- MOHAMMED SALIH MADAPPALLI, S/O. MOOSAKUTTY, MADAPPALLI HOUSE, POST KOORIYAD, TIRURANGADI (VIA), MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS: -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY HOME SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE STATION HOUSE OFFICER, VENGARA, MALAPPURAM DISTRICT. BY SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL – R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.37923/2007 M APPENDIX PETITIONER'S EXHIBITS: N I L RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 37923 OF 2007 ============================ DATED THIS THE 26TH DAY OF JUNE 2008 JUDGMENT Balakrishnan Nair,J. The petitioner submits that he was involved in some criminal cases and was convicted. The offences were those under Sections 379 & 380 of the Indian Penal Code. He was released from jail in 1994. Thereafter, he was working in the Gulf. But, when he comes home on leave, the police will come to his house and enquire about his whereabouts and he will be directed to come to the police station and sign a register maintained there. The petitioner submits, he is no longer a criminal. He is now leading a good life and he was never involved any crime after 1994. But the police is unnecessarily harassing him for his past conviction. Therefore, this writ petition is filed seeking a direction to the respondents to drop police surveillance as against the petitioner and remove him from the list, if any, of the habitual offenders maintained by the police . The second respondent has filed a statement in which it is submitted that the petitioner was WPC.37923/2007 -2- convicted in four cases involving offences of house trespass, theft etc. In 1984, he was sentenced to rigorous imprisonment for six months, in 1987 he was sentenced to rigorous imprisonment for three years and again on 15-3-1994, he was convicted in two cases and sentenced to undergo rigorous imprisonment for one year and six months respectively. For the above reasons, the District Superintendent of Police, Malappuram by proceedings dated 16-10-1996 ordered to open a history sheet against the petitioner. Based on that order, the activities of the petitioner were brought under surveillance. The Station House Officer is duty bound to check the activities of the petitioner and forward a report to the higher authorities. It is also submitted that the second respondent has proceeded in the matter strictly in accordance with law. The said respondent can remove him from the list of persons with criminal background, if only he attains the age of 70 or he is permanently incapacitated. But, of course, the District Superintendent of Police, who included the petitioner in the known-depradator's list, may remove him, if the petitioner approaches that officer, it is submitted. Having regard to the facts of the case, the second respondent cannot be blamed, if he keeps a watch on the movements of the petitioner, when the petitioner comes from Gulf. He may move the WPC.37923/2007 -3- District Superintendent of Police, Malappuram seeking removal of his name from the K.D.list and in that event the said officer shall consider the same in accordance with law. The writ petition is disposed of as above. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI JUDGE ks.