IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 13666 of 2011(G) ---------------------------------------- PETITIONER(S): ------------------------ SAJI, AGED 40 YEARS, S/O.THANKAPPAN, GLENMARY ESTATE LAYAM, GLENMERY KARA, ELAPPARA VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, IDUKKI. 3. THE SUPERINTENDENT OF POLICE, CBCID, KOTTAYAM. 4. THE DEPUTY SUPERINTENDENT OF POLICE, CBCID, KOTTAYAM. 5. STATION HOUSE OFFICER, PEERMADE POLICE STATION, PEERMADE. R1 TO R5 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.13666/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTICE DATED 24/6/2010 ISSUED BY THE DEPUTY SUPERINTENDENT, CBCID HHW II, KOTTAYAM. P2 COPY OF THE NOTICE DATED 26/3/2011 ISSUED BY THE OFFICE OF THE JUDICIAL 1 CLASS MAGISTRATE I, PEERMADE. P3 COPY OF THE PETITION OBJECTING THE APPLICATION FILED BY THE CBCID, KOTTAYAM FOR SENDING THE PETITIONER AGAIN FOR POLYGRAPH TEST OF NARCO-ANALYSIS TEST . P4 COPY OF THE MEDICAL RECORD DATED 10/10/2007 OF MEDICAL COLLEGE HOSPITAL, KOTTAYAM. P4(A) COPY OF THE MEDICAL RECORD DATED 9/12/2007 OF TALUK HQ HOSPITAL, KANJIRAPPILLY. P4(B) COPY OF THE MEDICAL RECORD DATED 3/10/2008 OF TALUK HQ HOSPITAL, KANJIRAPPILLY. P4(C) COPY OF THE MEDICAL RECORD DATED 9/12/2009 OF MEDICAL COLLEGE HOSPITAL,KOTTAYAM. P4(D) COPY OF THE MEDICAL RECORD DATED 9/12/2009 OF TALUK HQ HOSPITAL, PEERMADE. P4(E) COPY OF THE MEDICAL RECORD DATED 19/4/2011 OF TALUK HQ HOSPITAL, KANJIRAPPILLY. P4(F) COPY OF THE MEDICAL RECORD DATED 18/4/2011 DR.V. MURUGESAN, ELAPPARA. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.13666 of 2011 ------------------------------------------- Dated this the 7th June, 2011 JUDGMENT Basant, J. The petitioner complains of harassment by the police in connection with the investigation of Crime No.116 of 1995 of Peermade Police Station which has now been re- registered and is pending investigation as Crime No.164/CR/96/CBCID. The incident in the said crime of murder took place on 31.8.1995. According to the petitioner, he is absolutely innocent. Police are unnecessarily vexing and harassing him. The petitioner had co-operated with the police in the investigation of that crime. But, the petitioner is continuing to be vexed and harassed unnecessarily. In these circumstances, it is prayed that appropriate directions under Article 226 of the Constitution may be issued to save the petitioner of such unnecessary vexation and harassment. The petitioner is being called to the Police Station frequently and unnecessarily. His statements have been recorded many WPCNo.13666/2011 2 times. The petitioner is not liable to face such vexation. This in short is the contention of the petitioner. 2. The learned Government Pleader after taking instructions submits that though the incident had taken place as early as in 1995, the mystery of the crime has not been resolved yet. The petitioner has not been arrayed as an accused so far. But, he is a suspected accused. Earlier, he was subjected to polygraph test and the result of the polygraph test is that the petitioner is not speaking the truth. Subsequently, attempts were made by the investigator to get the petitioner subjected to Narco analysis. But that attempt was not successful as the petitioner did not co-operate. The police are now continuing the investigation. Needle of suspicion is pointed at the petitioner. The petitioner will have to be interrogated in future also, if necessary. However, the learned Government Pleader undertakes that investigation shall be conducted in strict compliance with the law. If the presence of the petitioner is required, notice in accordance with law shall be issued to the petitioner. His apprehension that he may be called frequently to the Police Station is without any basis. Whenever the WPCNo.13666/2011 3 presence of the petitioner is necessary in connection with the investigation by the police, proper notice shall be issued and then only the petitioner shall be called to the Police Station. This undertaking on behalf of the investigating officers may be recorded and this proceedings may be closed, submits the learned Government Pleader. 3. The learned counsel for the petitioner submits that on account of his illness, he may be unable to proceed to the Police Station on some occasions. Whenever such notices are received, the petitioner can make appropriate representations before the investigating officer. We do not think it necessary to issue any further directions. 4. Accepting the submissions of the learned Government Pleader, this petition is dismissed. sd/- R.BASANT JUDGE sd/- K.SURENDRA MOHAN JUDGE css/ true copy P.S.TO JUDGE WPCNo.13666/2011 4 R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.13666 of 2011 ------------------------------------------- Dated this the 31st May, 2011 ORDER Basant, J. Heard. Admitted. Notice given and the learned Government Pleader appears for respondents 1 to 5. The learned Government Pleader shall take instructions. Call on 7.6.2011. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/