IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 18288 of 2011(I) ------------------------------- PETITIONER(S): ----------------- JERRY, AGED 35 YEARS, S/O.JACOB, VAZHAPPILLY HOUSE, PUTHUR DESOM, KAIPARAMBU VILLAGE, TRICHUR TALUK,TRICHUR DISTRICT BY ADV. SRI.A.C.DEVY RESPONDENT(S): -------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT SECRETARIAT, TRIVANDRUM 695 001. 2. THE DIRECTOR GENERAL OF POLICE TRIVANDRUM 695 001. 3. COMMISSIONER OF POLICE, THRISSUR 680020. 4. THE CIRCLE INSPECTOR OF POLICE KUNNAMKULAM 680 523. 5. THE SUB INSPECTOR OF POLICE PERAMANGALAM - 680545. GOVT. PLEADER SRI.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS:- EXT.P1:- THE TRUE COPY OF THE NEWSPAPER REPORTS DATED 13/12/05 & 14/12/2005 APPEARD IN DESHABHIMANI, MANORAMA & MATHRUBHUMI DAILIES RESPECTIVELY. EXT.P2:- THE TRUE COPY OF THE NEWS ITEM REPORTED IN MADHYAMAM DAILY ON 19/02/06 EXT.P3:- THE TRUE COPY OF THE JUDGMENT IN WPC.14777/06 OF THIS HON'BLE COURT, DT.13/06/06. EXT.P4:- THE TRUE COPY OF THE COMPLAINT DT.30/08/08 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT. EXT.P5:- THE TRUE COPY OF THE ORDER IN B.A.5693/08 OF THIS HON'BLE COURT, DT.19/11/08. EXT.P6:- PHOTOCOPY OF THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT, DULY ATTENSTED BY A NOTARY PUBLIC, DT.03/09/08. EXT.P7:- THE TRUE COPY OF THE COMPLAINT DT.12/01/09 SUBMITTED BY THE MOTHER OF THE PETITIONER TO THE I.G., CENTRAL ZONE, THRISSUR. EXT.P8:- THE TRUE COPY OF THE COMPLAINT DT.22/06/09 SUBMITTED BY THE MOTHER OF THE PETITIONER TO THE I.G., CENTRAL ZONE, THRISSUR. EXT.P9:- THE TRUE COPY OF THE ORDER IN B.A. 393/08 OF THIS HON'BLE COURT, DT.03/02/11. //TRUE COPY// PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.18288 of 2011 ------------------------------------------------ Dated this the 12th day of July, 2011 JUDGMENT Abdul Rehim, J This Writ Petition is filed seeking direction against respondents 4 and 5 to restrain from causing any harassment to the petitioner by summoning him to the police station. Inter alia, the petitioner is seeking direction to the 5th respondent to restrain from taking any action against the petitioner on the basis of any frivolous complaint. Allegation of the petitioner in brief is that, from the year 2004 onwards he is being put to physical and mental torture by the authorities of police and the alleged “gunda gang” aided by the police. It is stated that the petitioner is conducting a watch repairing shop and at the instance of a neighbouring shop owner the harassment and threat against the petitioner is being continued with the assistance of the policemen. When the petitioner has raised complaints W. P. C. No.18288 of 2011 -2- against such actions, he was manhandled. It is stated that the petitioner was implicated in various criminal cases including case which involves offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to the petitioner, he was released on bail in such cases. It is also mentioned that, on earlier occasion, the petitioner had approached this Court complaining about the alleged harassments. But the Writ Petition was disposed of through Ext.P3 judgment granting liberty to the police authorities for investigating the criminal cases if any registered against the petitioner. In spite of getting bail in such cases the harassment continues, is the allegation. 2. Learned Government Pleader appearing on behalf of respondents submits on the basis of instructions received from respondents 4 and 5 that, the petitioner is accused in 9 criminal cases registered at Peramangalam police station and he is a person included in the “rowdy list” maintained in the said police station. All the allegation regarding harassment raised in the Writ Petition is without any basis W. P. C. No.18288 of 2011 -3- and the police is not acting at the instigation of any other person as alleged by the petitioner. It is further submitted that, even the petitioner is implicated in a proceedings initiated under Section 107 of the Cr.P.C. Apart from keeping routine vigil over the activities of the petitioner who is considered as an habitual offender, the police is not causing any harassment either to the petitioner or to his family members, is the submission. 3. Considering the facts and circumstances as narrated above, we are of the considered opinion that there is no basis for entertaining a complaint raised by the petitioner against the police officials, especially in view of the fact that the petitioner is accused in so many criminal cases and that he is included in the “rowdy list” of the police station concerned. We record the submission made to the effect that apart from keeping constant vigil on the activities of the petitioner no vindictive action is taken from the side of the police officials or that he is not being harassed at the instance of any other person. However, we feel that no W. P. C. No.18288 of 2011 -4- interference of this Court is warranted to issue any specific direction restraining any alleged harassment. The respondents 2 and 5 will be at liberty to proceed with investigation of cases if any registered against the petitioner and to take appropriate action permissible under law, if there is any attempt to commit any further offence by the petitioner. 4. Under the above mentioned circumstances, the Writ Petition is dismissed, subject to the observations contained herein above. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-