IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 37678 of 2009(D) -------------------------------------- PETITIONER(S): ---------------------- CHANDRA BABU, AGED 53 YEARS, S/O.JANARDHANAN, ADARSH BHAVAN, THEVANTHOTTAM, THADICADU, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): ------------------------- 1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM DISTRICT. 2. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, PUNALUR, KOLLAM DISTRICT. 4. THE SUB INSPECTOR OF POLICE, PUNALUR, KOLLAM DISTRICT. 5. ASHOKAN, MADATHIL VEEDU, THEVANTHOTTAM, THADICADU.P.O, ANCHAL, KOLLAM DISTRICT. 6. BAIJU, MADATHIL VEEDU, THEVANTHOTTAM, THADICADU.P.O, ANCHAL, KOLLAM DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.37678 of 2009-D ---------------------------------------------- Dated, this the 4th day of March, 2010 J U D G M E N T K.M.Joseph, J. This writ petition is filed alleging harassment by the 4th respondent on the basis of false complaints by the 5th and 6th respondents. Petitioner seeks a direction to the Ist respondent to consider Ext.P1. 2. We heard the learned counsel for the petitioner and also the learned Government Pleader. 3. A statement has been filed on behalf of the 4th respondent wherein inter alia it is stated as follows:- “2. The Sub Inspector of police removed the petitioner from the place and took him to the Station with a view to avoiding untoward situations. He was left free and a petty case was charge sheeted against him as petty case No.836/09. On 15.12.2009, the petitioner assaulted and manhandled one Baiju who is a neighbor alleging that Baiju is the person who gives information to the Police. A case as Crime 694/09 was registered on the strength of the statement of Baiju. The police enquired the petitioner and later on in connection with the case, later on the petitioner got bail from JFCM-I, Punalur. The police only acted according to law. Wpc 37678/2009 -2- The petitioner was not in any way harassed or implicated in any false case registered in Anchal Police Station. 3. The writ petitioner is the accused in Crime No.694/09 Under Section 294 (b), 341 and 323 IPC was registered against the above said petitioner Chandra Babu, on the basis of the statement of one Baiju age 47/09, S/o.Raveendran, Madathil Veedu, Thervarthottam, Arakkal Village on 15.12.2009 by ASI Sri.Mohanan. The investigation was taken up by me on the next day (16.12.2009). On investigation it is revealed that the accused (the petitioner) committed the offence and I enquired him 3 times in his house and premises for arresting the accused. But this respondent could not arrest him. Later on 23.12.2009 he was taken bail from the Honourable Judicial First Class Magistrate Court-I, Punalur. After the completion of the investigation this respondent filed the charge sheet on the same day.” 4. It is further submitted that there is rivalry between the petitioner and the complainant in connection with the selling of 'Arishtam' in that area. It is stated that so many daily wage poor peoples are residing in that area and they are consuming this 'Arishtam' after their daily work and that it creates so many law and order problems. So, the police have taken stringent action against the illegal sale of 'Arishtam'. Petitioner is also an 'Arishtam' seller. According to the petitioner he is having licence to sell Ayurvedic 'Arishtam'. Wpc 37678/2009 -3- If the petitioner is selling 'Arishtam' in violation of law, respondents 1 to 4 will be free to take action against the petitioner in accordance with law. But, otherwise the police will not harass the petitioner. The writ petition is disposed of as above. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS)