IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 WP(C).No. 13311 of 2010 (L) -------------------------- PETITIONER: ------------------- RABIYA, W/O. SALIM, 24/90 KOLLMAPADY, ANAGHOOR, KASARAGODE DISTRICT. BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN HARIHARAN RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE, KASARGODE. 2. CIRCLE INSPECTOR OF POLICE, UPPANANGADI POLICE STATION, SOUTH CANARA DISTRICT. 3. SUPERINTENDENT OF POLICE, KASARGODE. BY GOVERNMENT PLEADER, SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13311 of 2010 (L) APPENDIX PETITIONER'S EXHIBIT EXT.P1. COPY OF THE BAIL ORDER GRANTING BAIL THE PETITIONER'S HUSBAND BY THE HON'BLE SUPREME COURT OF INDIA VIDE ORDER DATED 13.05.2008 MADE IN CMP NO.9063/2008 IN CRL.APPEAL NO.883/2009. RESPONDENTS EXHIBITS : NIL P.S. TO JUDGE / TRUE COPY / VK Thottathil B.Radhakrishnan & P.Bhavadasan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.13311 of 2010-L = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of September, 2010. Judgment Thottathil B.Radhakrishnan, J. The petitioner states that she is the wife of T.A.Saleem, who was housed in the Central Prison, Mysore in Karnataka from where he has been ordered to be released on bail to the satisfaction of the local trial court by orders of the Hon'ble Supreme Court of India in Crl.Appeal No.883/2008, a copy of which is produced as Ext.P1. The petitioner pleads that in spite of that order, she is being harassed by the police and being required to produce her husband before the police. While she complains that the police is harassing her on that count, the learned Government Pleader states on instructions that the petitioner is one among the three wives of the said Saleem who is involved in different criminal cases and is wanted by the Kerala Police WPC13311/10 -: 2 :- and the Karnataka Police. The learned Government Pleader, therefore, says that notwithstanding the fact that the petitioner's husband has obtained bail in one of the criminal cases which had reached the Apex Court in an appeal after a revision, the police may not be prevented under the guise of a police protection order from reaching at Saleem, if he is an offender in law. We are clear in our mind that the petitioner's person, privacy etc. have to be protected. This will be ensured. However, the police would have the entitlement to take all measures in terms of law to secure Saleem, if needed in terms of law in connection with cases, other than those cases in which bail order has been issued, including as per Ext.P1. The writ petition is ordered accordingly. Thottathil B.Radhakrishnan, Judge. P.Bhavadasan, Judge. Sha/3009