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 MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 478 of 2009(F) ---------------------------------- PETITIONER(S): ---------------------- E.V.THOMAS @ SAJI, S/O.V.M.VARGHESE, AGED 33 YEARS, VADAKKE ERENICAL, CHOORALLOOR MURI, PALLIKAL EAST, THEKKEKKARA VILLAGE, NOW RESIDING AT NO.3, NEHRU ROAD, KAMMANATTALLI ST.THOMAS TOWN P.O., BANGALORE 84. BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) RESPONDENT(S): ----------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA. 2. THE SUB ILNSPECTOR OF POLICE HARIPAD. 3. N.K.DEVADASAN, NAMPIYAOKULANGARA, NADUVILE MURI, PADANILAM P.O., NOORANADU. BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy,Ag.C.J. & V. Giri, J. -------------------------------------- W.P. © No. 478 of 2009 - F --------------------------------------- Dated this the 19th day of January, 2009 Judgment Koshy,Ag.C.J. Grievance of the petitioner is that he is harassed unnecessarily. Petitioner was the registered owner of motor bike No.KL/4A 7544. According to the petitioner, he sold the vehicle in the year 1993 to the third respondent by executing a sale deed in stamp paper and handed over signed forms for making necessary endorsement in the R.C. book. Petitioner is residing at Bangalore from 2001 onwards. An accident occurred to the vehicle KL/4A 7544 by which some injury was caused to Smt.Ammini Amma. Driver of the vehicle brought her to the hospital. Petitioner approached the Court alleging police harassment earlier. At that time, it was stated that Crime No.492 of 2005 was registered and only enquiry was conducted regarding the actual owner of the vehicle. The case was closed recording the above submission. Later, a bail application was moved by the petitioner after one year of Ext.P1 judgment. Offences charged were sections 279, 337 and 338 of the Indian Penal Code. Those charges will lie only against the driver of the W.P.(C) No. 478/2009 2 vehicle and not against the registered owner of the vehicle and the above bail application was dismissed on the submission of the Public Prosecutor that no offence was registered against the petitioner. We do not understand why petitioner who is staying at Bangalore was again wanted for this offence. Why was police constable sent to Bangalore for enquiring such a petty matter especially when he is not an accused? According to the petitioner, police wants the petitioner to plead guilty. It is quite unnecessary for the police to question him as he is not accused in Crime No.492 of 2005 as stated in Ext.P2 order of the Magistrate. 2. Police shall not harass the petitioner and if any complaint of repeated harassment is received, serious action will be taken against the police officer. No false cases shall be filed against the petitioner or relatives merely because he filed this writ petition. With that observation, this writ petition is disposed of. J.B.Koshy Acting Chief Justice V. Giri Judge vaa