IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 16251 of 2010(F) -------------------------- PETITIONER: --------------- MICHAEL.E.D,S/O.DEVASYA,DEVASWYAM CHIRA, C.M.C-21,CHERTHALA. BY ADV. SRI.B.PRAMOD RESPONDENTS: --------------- 1. THE STATE OF KERALA REP; BY THE HOME SECRETARY,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CHERTHALA SUB DIVISION. 3. THE SUB INSPECTOR OF POLICE,CHERTHALA POLICE STATION. 4. KURIAN JOHN,S/O.ULAHANNAN VARKEY, PALAKKATTU HOUSE,MARKET.P.O,MOOVATTUPUZHA, ERNAKULAM. G.P. SHRI T K VIPINDAS FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 16251 of 2010 F - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of June, 2010 JUDGMENT Joseph, J. The petitioner has approached this court alleging harassment by the second respondent. Petitioner seeks a direction to the second respondent to abstain from interfering in the investigation of Crime No. 536/1020 of Cherthala Police Station and not to force the third respondent, Sub Inspector, to file charge sheet against the petitioner in the said crime. 2. Briefly the case of the petitioner is as follows. The petitioner is engaged in the trade of radiator coolant. There is allegation of violation of an agreement between the petitioner and the 4th respondent. The 4th respondent contacted the second respondent, Dy.S.P. and he is pressurising and harassing the petitioner to settle the dispute. Ext.P3 crime was registered on W.P.(C).No. 16251 of 201 2 the basis of Ext.P2 complaint filed by the 4th respondent. The petitioner has obtained anticipatory bail, Ext.P7. In Ext.P7, anticipatory bail was granted and the second respondent, which is the State of Kerala, represented by the S.I. of Police, who is none other than the third respondent in this proceedings, is directed to release the petitioner in the event of his arrest on executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the officer concerned and on condition that he shall appear before the Investigating Officer for interrogation on every Sunday between 8 a.m. and 10 a.m. till the final report is filed. 3. The complaint of the petitioner is that the second respondent, Dy.S.P. is investigating the case, though normally it would be done by the third respondent. In view of this complaint, the Government Pleader was asked to take instructions. On instructions, the learned Government Pleader submits that the second respondent is not investigating the case and that the investigation is being done by the third respondent. W.P.(C).No. 16251 of 201 3 4. We record the said submission and close this Writ Petition. We also record the submission of the learned Government Pleader that the second respondent shall not harass the petitioner in connection with Ext.P3 crime. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm