IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 32617 of 2011(B) -------------------------- PETITIONER: --------------- K.M. ANIL KUMAR, AGED 51 YEARS, S/O. MADHAVAN, RESIDING AT HOUSE 41B, MAN HOUSING COLONY, VIJAYAMATHA CONVENT, PONNANI. BY ADVS. SRI.C.KHALID SMT.P.VANDANA SRI.PHIJO PRADEESH PHILIP RESPONDENT(S): ------------------ 1. THE CIRCLE INSPECTOR OF POLICE, PONNANI POLICE STATION, PONNANI 2. DEPUTY SUPERINTENDENT OF POLICE, TIRUR. 3. DISTRICT SUPERINTENDENT OF POLICE, MALAPPURAM. 4. K.M. ARUN KUMAR, AGED 42 YEARS, S/O. LATE MADHAVAN, CHAVAKKAD TALUK, MUDUVATTOOR AMSOM, DESOM, P.O. CHAVAKKAD - 680 506. 5. K.M. ANITHA BAI, AGED 46 YEARS, W/O. B. DHARMADEVAN, PULLANIKKATTIL HOUSE, THIRUNELLAYI.P.O, PALGHAT - 678 002. 6. B. DHARMADEVAN, AGED 56 YEARS, S/O. BHASKARAN, ACCOUNTANT, DIVISIONAL OFFICER, SOUTHEN RAILWAY, OLAVAKKODE, P.O. PALGHAT - 678 002. R1 TO 3 BY GOVERNMENT PLEADER SRI.SUSHEEL CYRIAC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 32617 of 2011(B) --------------------------------- APPENDIX ------------- PETITIONER(S) EXHIBITS ------------------------------- EXHIBIT-P1-TRUE COPY OF THE F.I. STATEMENT IN CRIME NO. 292/2011 DATED 09/04/2011 BEFORE THE JFCM COURT, CHAVAKKAD. EXHIBIT-P2-TRUE COPY OF THE O.S NO. 443/2011 DATED 05/04/2011 BEFORE THE MUNSIFF COURT, CHAVAKKAD FILED BY THE 4TH RESPONDENT. EXHIBIT-P3-TRUE COPY OF THE REPRESENTATION DATED 25/11/2011 SUBMITTED BY THE PETITIONER. RESPONDENTS' EXHIBITS : NIL ------------------------------- / TRUE COPY / P.A. TO JUDGE VK PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.32617 of 2011 ------------------------------------------------ Dated this the 14th day of December, 2011 JUDGMENT Pius C. Kuriakose The petitioner has approached this Court seeking directions against what he describes as harassment by the police at the instance of respondents 5 and 6. Respondent No.5 is the sister of the petitioner and the 6th respondent is 5th respondent's husband. 2. On considering this Writ Petition for admission, we directed Sri.Susheel Cyriac, the learned Government Pleader who took notice on behalf of the police officers to seek instructions. Today Sri.Susheel Cyriac on the basis of instructions submitted that the accusations of police harassment contained in this Writ Petition are not correct. A complaint was filed by the respondents 5 and 6 before the Sub Inspector of Police, Ponnani Police Station. The complaint was to the effect that the 5th respondent's mother W. P. C. No.32617 of 2011 -2- is being illegally detained and confined by the petitioner. On receiving the complaint the petitioner was directed to appear before the Police Station along with the mother. The mother stated before the police that she was being illegally detained by the petitioner and that she wants to join her daughter, the 5th respondent. Accordingly, mother was permitted to join the 5th respondent. This action of the police cannot be branded as harassment. 3. Sri.Susheel also submitted that it was revealed that some civil suits are pending before the competent civil court between the petitioner and respondents 5 and 6 on the one side and respondents 4, 5 and 6 on the other. The learned counsel for the petitioner submitted that the police are intervening in the civil dispute which is pending before the civil court. 4. Having considered the rival submissions addressed at the Bar, the only question which falls for decision in this Writ Petition is whether the action of the police can be branded as harassment. The above question in our opinion W. P. C. No.32617 of 2011 -3- can be answered only in the negative. We decline the relief sought for by the petitioner in this Writ Petition. We direct respondents 4, 5 and 6 to have settlement of the civil suits pending between them through process of civil court where the matter is already pending. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE