IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 20677 of 2009(D) -------------------------- PETITIONERS: --------------- 1. ABDUL VAHID, S/O.KUTTI HASSAN, AGED 24 YEARS, AYAMON HOUSE, HAJIYARPALLI, MUTHUVATHUPARAMBA, MALAPPURAM. 2. ABEER MUHAMMED SAYID AL-WAHAIBI, W/O.ABDUL VAHID, AGED 22 YEARS, AYAMON HOUSE, HAJIYARPALLI, MUTHUVATHUPARAMBA, MALAPPURAM. BY ADV. SRI.BABU S. NAIR RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE, MALAPPURAM POLICE STATION, MALAPPURAM. GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 20677 OF 2009 = = = = = = = = = = = = = = = DATED THIS, THE 23RD DAY OF JULY, 2009. J U D G M E N T Raman, J. This is a petition alleging police harassment. Petitioners are stated to be husband and wife. Ext.P5 certificate of marriage is produced to prove the marriage. Second petitioner is a foreign national having a valid visa up to September 9, 2009. According to the petitioners, there is no law prohibiting their co-habitation and the second petitioner is staying in India based on a valid visa issued and as such is legal. But police is causing harassment to the petitioners and as a result, they are not able to go back to the house of the first petitioner and to have a peaceful life. They apprehend that there is a man missing case registered and express their willingness to surrender before the nearest Magistrate Court. 2. We have heard the learned Government Pleader also. In the factual situation and in the absence of further details as to whether any case is pending against the petitioners and if so under what provisions of law, we WP(C) 20677/2009 :2: only direct the petitioners to surrender before the Judicial Magistrate of First Class, Malappuram on 27th of this month between 11 A.M. and 1 P.M. due notice of which may be given to the Public Prosecutor. The learned Government Pleader will communicate the order to the nearest police station. In view of the above undertaking to surrender before the Magistrate Court and the further undertaking that they will not leave India, police may not interfere. After surrendering before the Magistrate Court, the matter will be governed by any order that may be passed by that authority, in accordance with law. The writ petition is disposed of as above. (Issue emergent copy) P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-