IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 29997 of 2008(U) -------------------------- PETITIONER(S): --------------- 1. SHAMSUDHEEN, S/O.KUNHIMON, AGED 41 YEARS, PANIKKAVEETTIL HOUSE, KANNOTH P.O., CHAVAKKAD TALUK. 2. MUHAMMED SHAFI, S/O.SHAMSUDHEEN, AGED 18 YEARS, PANIKKAVEETTIL HOUSE, KANNOTH P.O., CHAVAKKAD TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, PAVARATTY POLICE STATION. 2. THE DEPUTY SUPERINTENDENT OF POLICE, NARCOTIC CELL, THRISSUR. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT TRIVANDRUM. ADDL.R4: THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, THRISSUR. (ADDL.R4 IMPLEADED AS PER ORDER DATED 29.10.2008 ON I.A.13534/08) BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.29997/08 PETITIONER'S EXT: EXT.P1: TRUE COPY OF THE PETITION DATED 16.10.08 SUBMITTED BY THE PETITIONERS BEFORE THE SUPERINTENDENT OF POLICE, THRISSUR. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.29997 OF 2008 U -------------------------------------- DATED THIS THE 17th DAY OF NOVEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners are father and brother of an accused in Crime No.452/08 of Pavaratty Police Station. The petitioners submit, they are being summoned to the Police Station every now and then and detained there for long hours. Two mobile phones with numbers 93495 17315 and 97451 31369 have been seized by the police. They have nothing to do with the crime in which the first petitioner's son Saleer is an accused, it is submitted. Feeling aggrieved by the harassment from the part of the police, this Writ Petition is filed. 2. The second respondent, Deputy Superintendent of Police who is the Investigating Officer in Crime No.452/08 of Pavaratty Police Station has filed a statement. Saleer is the 5th accused in that crime in which an RSS worker Baiju was brutally murdered. The said murder created communal tension in the locality and prohibitory order under Section 144 Cr.P.C. was W.P.(C)No.29997/08 -2- proclaimed to control the situation. The first petitioner's son Saleer is absconding. So, to know the whereabouts of him, as part of the investigation, the petitioners were questioned. It is further submitted that they have not harassed the petitioners and they have no intention to do that. 3. The learned counsel for the petitioners pointed out that two mobile phones seized from them have not been returned. The learned Government Pleader upon instructions submitted that only one mobile phone was seized and the same was released yesterday. In view of the submissions made by the second respondent which we have already noted, we are closing the Writ petition. But, the petitioners can pursue Exhibit P1 representation and also pursue their claim for the other mobile phone which according to them is still with the police. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn