IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 22323 of 2008(G) -------------------------- PETITIONER: ------------ V.A.GOPALAN, 63 YEARS, S/O.AYYAPPAN VADAKEDATH HOUSE, ARIMPUR PO., THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE TOWN WEST POLICE STATION, THRISSUR 2. CIRCLE INSPECTOR OF POLICE, TOWN WEST POLICE STATION THRISSUR. 3. SUPERINTENDENT OF POLICE, THRISSUR. 4. SHINTO, S/O.KUMARAN, KOTTEKKAD HOUSE, PAREKKAD. BY ADV. SRI.SHAJI P.CHALY FOR R4 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.22323/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF PETITION NUMBERED AS CRL.M.C.NO.1129/2008 FILED BEFORE THE SESSIONS COURT, THRISSUR. EXT.P2: COPY OF ORDER IN CRL.M.C.NO.1129/2008 OF THE SESSIONS COURT, THRISSUR DT.2.7.2008 RESPONDENT'S EXTS: EXT.R4(1): COPY OF THE COMPLAINT DT.11.6.2008 FILED BY THE 4TH RESPONDENT. EXT.R4(2): COPY OF THE DISCHARGE SUMMARY AND CERTIFICATE ISSUED FROM THE HOSPITAL DT.25.6.2008. EXT.R4(3): COPY OF THE F.I.R. IN CRIME NO.274/2008 DT.19.6.2008. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ------------------------------------- W.P.(C). No.22323 OF 2008 ------------------------------------- Dated this the 6th day of August, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner has approached this Court alleging that the respondents 1 and 2 are harassing him, unnecessarily, at the instance of the 4th respondent. The 4th respondent claimed that he was in love with the petitioner's daughter. But, her marriage was solemnized with one Mr. Abhishek on 11.6.2008. Subsequently, somebody attacked the 4th respondent on 18.6.2008. A crime has been registered against assailants who could be recognised on sight for the offences under Sections 341, 324, 427 read with Section 34 of Indian Penal Code. Under the pretext of the investigation into that crime, the petitioner is being called to the police station and unnecessarily harassed by the 1st and 2nd respondents. He moved an application for anticipatory bail before the Sessions Court, Thrissur. The same was closed as per Ext.P2 order on the submission made by the learned Public Prosecutor that the W.P.(C) No.22323/2008 2 petitioner is not an accused in that case. Further, all the offences alleged are bailable offences and therefore, the application for anticipatory bail was dismissed. The petitioner submits, if he is not an accused there is no reason for the police to call him to the police station time and again. Therefore, this writ petition is filed seeking appropriate reliefs. 2. The learned Government Pleader, upon instructions, submitted that in the crime registered on the information lodged by the 4th respondent, the petitioner's son and son-in-law are involved. So, in connection with the investigation of the said crime, the petitioner was summoned to the police station only once. The other allegations of the petitioner are denied by the police. 3. The 4th respondent has filed a counter affidavit stating that he received threatening calls from the petitioner before the marriage of the petitioner's daughter. He feels that the petitioner must be behind the attack made on him. Based on the statement of the petitioner Ext.R4(1) crime was registered. W.P.(C) No.22323/2008 3 So, there is nothing wrong with the police calling the petitioner in connection with the investigation, it is submitted. We record the submission of the learned Government Pleader that the police have no intention to harass the petitioner. He was called only in connection with the investigation of the crime registered, based on the complaint filed by the 4th respondent . If the petitioner's presence is required, the police will issue notice in accordance with law. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps