IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 WP(C).No. 19299 of 2010(J) ------------------------------------ PETITIONER(S): --------------------- SETHUMADHAVAN, AGED 18 YEARS, S/O.GOPALAKRISHNA PILLAI, NJETTAYIL PADINJATTEYIL, M.G.NAGAR 104,SAKTHIKULANGARA VILLAGE, KUREEPUZHA CHERI,KAVANADU P.O.,KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN RESPONDENT(S): ------------------------ THE SUB INSPECTOR OF POLICE, WEST POLICE STATION, KOLLAM, KOLLAM DISTRICT. BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.19299 of 2010-J ---------------------------------------------- Dated, this the 29th day of June, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking a direction to the respondent to desist from harassing the petitioner. Briefly put, the case of the petitioner is as follows: Respondent and three other officers trespassed into the residence of the petitioner, assaulted him and forcefully taken away the petitioner in a police jeep. He was brutally tortured and humiliated in the jeep as well as in the police station. He was produced before the Juvenile Court and remanded to judicial custody. Thereafter, this Court granted bail. It is submitted that since there is harassment and intimidation of the petitioner and his father even after the said incident petitioner and his father filed Ext.P1 complaint before the Speaker of the Kerala Legislative Assembly. It is forwarded to the Minister of Home Department seeking report. The Ministry of Home Affairs is conducting enquiry as evident from Ext.P4. It is stated that petitioner is being consistently harassed to withdraw Ext.P1 complaint. 2. Learned Government Pleader, on instructions, submits that petitioner along with two other juveniles and WPC 19299/2010 -2- another have been charged with for having committed crimes (Crime No.196/2010 of Kollam West Police Station) under Section 147, 148, 452, 324 and 149 IPC. It is submitted that they were arrested on 31.3.2010 and remanded to Juvenile Home and petitioner was released. It is submitted that petitioner will not be harassed and that on the basis of the petition filed by the petitioner himself enquiry is being conducted by the Circle Inspector of Police. Learned Government Pleader submits that there will be no harassment of the petitioner and petitioner will not be compelled to withdraw Ext.P1 complaint and the investigation will be conducted in accordance with law. Learned counsel for the petitioner submits that petitioner will co-operate with the on going investigation and enquiry. We record the submission and close the writ petition. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS