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 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 22893 of 2011(J) ------------------------------------- PETITIONER(S): ----------------------- HARIS C.M, SON OF MUHAMMED,AGED 28 YEARS, MADATHANATTU THUNDIYIL HOUSE,CHERUVIRIPPU LANE, THAMMANAM (P.O),ERNAKULAM VILLAGE, KANAYANNOOR TALUK,ERNAKULAM DISTRICT PIN 682 032. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): -------------------------- 1. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM PIN 682 018. 2. INSPECTOR GENERAL OF POLICE, CENTRAL ZONE, ERNAKULAM PIN 682 018. BY GOVERNMENT PLEADER SRI.VIJU ABRAHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.22893/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DTD. 17.8.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 22893 of 2011 --------------------------------- Dated this the 26th day of August, 2011 JUDGMENT Abduld Rehim,J. This writ petition is filed seeking direction against the 1st respondent to stop all kinds of harassment and torture against the petitioner by the 1st respondent, his subordinate police officers and members of the shadow force. The petitioner inter alia seeks direction to the second respondent to consider and dispose of Ext.P1 representation submitted. 2. The allegation is that on 6.8.2011, the 1st respondent and policemen came to the residence of the petitioner, when he was not in station, and conducted search without any authority and without assistance of any women police constables. It is alleged that the petitioner's mother was abused when questioned about the search. It is further stated that the 1st respondent informed the family members that the petitioner is involved in an offence of looting money of a 'Hawala' agent. According to the petitioner, he was not involved in any offence and that no complaint was received against him in connection with any such alleged offence. However it is conceded that the petitioner was accused in two criminal cases, which already stand WP(C) .22893/2011 2 charge sheeted before the Magistrate Court. According to the petitioner, the searches, harassment and torture are being continued in a quite illegal manner without there being any criminal case registered against the petitioner. It is also alleged that the petitioner's brother one Mr.Rahim was brutally manhandled when he had questioned about such activities of the police. Eventhough the petitioner submitted Ext.P1 before the 2nd respondent complaining about such activities, no action is taken so far, and hence this writ petition is filed. 3. Sri. Viju Abraham, learned Senior Government Pleader appearing on behalf of respondents, on the basis of instructions received from the 1st respondent, submitted that the allegations regarding search conducted by the 1st respondent and other policemen, is not true and correct. It is stated that there is no 'special squad' under the Assistant Commissioner of Police, Kochi City, as alleged. All the allegations regarding harassment and torture was made without any basis. It is further submitted that the petitioner is accused in two cases pending trial before the Magistrate Court. The 1st respondent also came to know that police officers from Karnataka State as well as the National Investigating Agency had questioned the petitioner in connection with some cases which they are investigating. WP(C) .22893/2011 3 However, it is conceded that, at present there is no crime case registered against the petitioner in the Central Police Station, which is pending investigation and his presence is not required in connection with any case. 4. Under the above mentioned circumstances we do not think that there is any circumstances warranting issuance of a direction, as sought for. However, we make it clear that if the petitioner is implicated in any case as accused and if he is arrested in any such case, the 1st respondent should abide all the conditions stipulated under Sections 41A and 41D of the Cr.P.C. Further if the presence of the petitioner is required in connection with any case under investigation or with any matter under enquiry, he shall be issued with notice as contemplated under section 160 of the Cr.P.C. The writ petition is disposed of with the above directions and observations. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .22893/2011 4