IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 17087 of 2011(I) -------------------------------- PETITIONER(S): ----------------- P.L.ANIL, AGED 32, S/O. LONAPPAN, PADAYATY HOUSE, VALAVAZHI, ANGAMALY P.O., ERNAKULAM DISTRICT, PIN-683 572. BY ADV. SRI.P.SHAIJAN JOSEPH RESPONDENT(S): -------------------- 1. SUPERINTENDENT OF POLICE (RURAL), ALUVA, ERNAKULAM DISTRICT, PIN-693 101. 2. SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ANGAMALY, PIN-683 572. 3. P.A.THOMAS, S/O. ANTHONY, PADAYATY HOUSE, VALAVAZHI, ANGAMALY P.O., ERNAKULAM DISTRICT, PIN-683 572. SR. GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17087 of 2011(I) -2- APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF COMPLAINT DATED 20/06/11 SUBMITTED BY THE PETITIONER TO 1ST RESPONDENT. EXT.P2:- TRUE COPY OF COMPLAINT DATED 20/06/11 SUBMITTED BY THE PETITIONER TO 2ND RESPONDENT. PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.17087 of 2011 ------------------------------------------------ Dated this the 8th day of July, 2011 JUDGMENT Abdul Rehim, J The petitioner is seeking direction commanding respondents 1 and 2, not to harass him and his family members. The allegation is that, under the undue influence of the 3rd respondent, the police personnel is visiting the house of the petitioners during night time and harassing the family members including the children of the petitioner aged below 11 years and his wife. It is stated that due to the act of the police in this regard, the life of the petitioner as well as his family members are put to serious prejudice and in spite of complaint raised to the 1st respondent regarding such illegal action, no steps has been taken. According to the petitioner, the 3rd respondent had damaged Rubber W. P. C. No.17087 of 2011 -2- Trees belonging to the petitioner for which he had submitted complaint before the police authorities, but instead of taking action against the 3rd respondent, the 2nd respondent is harassing the petitioner and his family members. 2. Learned Government Pleader appearing on behalf of respondents 1 and 2 submitted that, on the basis of a complaint received from the 3rd respondent, a crime has already been registered against the petitioner as Crime No.933/11 of Angamali Police station for the alleged offences punishable under Sections 447 and 506(1) of the IPC. It is only in connection with investigation of the said case that the police had visited the house of the petitioner. It is also stated that the petitioner is accused in three other cases, Crime No.5/03 of Angamali Police Station which involves offences under Sections 452, 323, 427 read with Section 34 IPC; Crime No.72/03 of Angamali Police Station which involves offences under Sections 341, 323, 506(1) read with W. P. C. No.17087 of 2011 -3- 34 IPC, and Crime No.1098/08 of Kalady Police Station which involves offences punishable under Sections 143, 147, 148, 307 read with Section 3 of Explosive Substances Act. 3. However, it is brought to the notice of this Court that the present case registered against the petitioner are only for offences which are bailable. Learned counsel appearing for the petitioner submitted that he had appeared before the 2nd respondent and he was already released on bail. It is submitted by learned Government Pleader that, apart from the purpose of investigation of the crime registered on the basis of the complaint of the 3rd respondent, presence of the petitioner is not required for any other purposes, at present. It is also conceded that no harassment will be caused from the side of the 2nd respondent to any of the family members of the petitioner. The above submissions were recorded. 4. Considering the factual situation as described above, we are of the opinion that the allegation of harassment W. P. C. No.17087 of 2011 -4- raised by the petitioner has no basis. However, the 2nd respondent is directed not to make any unnecessary visit to the residence of the petitioner during odd hours. If the petitioner is required for any purposes of investigation of the crime in which he is implicated as accused, he can be summoned to the police station on proper notice. It is needless to say that the petitioner shall co-operate with investigation of the crime already registered. 5. The Writ Petition is disposed of with the observations as above. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.17087 of 2011 -5-