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 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 18896 of 2011(J) ---------------------- PETITIONER : - --------------- NISSAMUDEEN, S/O.MUHAMMED ISMAIL, PARUTHYVILA HOUSE, NELLIMATTOM.P.O., KOTHAMANGALAM. BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY, DEPARTMENT OF HOME, THIRUVANANTHAPURAM. PIN - 695 001. 2. DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA, ERNAKULAM DISTRICT.PIN - 686 661. 3. CIRCLE INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION. PIN - 686 691. 4. SAM JOSE, SUB INSPECTOR OF POLICE, OONUKAL POLICE STATION. PIN - 686 693. R1 TO R3 BY GOVT. PLEADER SMT.C.M.CHARISMA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: amk. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 18896 of 2011 ----------------------------------------------- Dated this the 27th day of September, 2011 J U D G M E N T Pius C.Kuriakose, J. In this writ petition under Article 226 the petitioner who claims to be conducting Swasraya Charitable Trust at Nellimattom extending help to deserving persons from all over Kerala suffering from various problems such as depression and mental agony, seeks directions against the 4th respondent Sub Inspector of Police and his personnel not to harass the petitioner and his family members. The learned Government Pleader on the basis of instructions submitted that the accusations of police harassment are without basis. She submitted that several complaints were received to the effect that the petitioner who has no qualification at all to treat persons who are having mental diseases is giving treatment to many a patient resulting in irreparable consequences to the patients. It was in connection with the enquiry into the above complaints that the attendance of the petitioner was requested. We WP(C). 18896/11 -2- enquired of the learned counsel for the petitioner whether the petitioner has the requisite qualifications for treating any patients who are afflicted with mental diseases and derangements. The learned counsel was not able to give a clear answer. We cannot say that the action of the police amounts to harassment. We dispose of the writ petition directing all the respondents to issue notice under Section 160 of the Code of Criminal Procedure to the petitioner if the attendance of the petitioner is required in connection with enquiry into any complaint or investigation into any crime. If during the course of the enquiry it is revealed that arrest of the petitioner is necessary the respondents are directed to comply with the procedure contemplated by Section 41A to D Cr. P.C. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-