IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 18889 of 2011(I) --------------------------------------- PETITIONER(S): ------------------------ K.RAVEENDRAN, AGED 51 YEARS, S/O.LATE SANKARANKUTTY MENON, U.D.CLERK, TALUK SUPPLY OFFICE, THRISSUR AND RESIDING AT SREE RAGAM, KUTTICHIRA ROAD, KALATHOD, OLLUKKARA.P.O., THRISSUR-680 655. BY ADVS. SRI.B.RAMACHANDRAN SMT.K.B.REKHA RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF HOME, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695 001. 3. THE CITY POLICE CHIEF, THRISSUR-680 001. 4. THE SUB INSPECTOR OF POLICE, MANNUTHY POLICE STATION, MANNUTHY-680 651. 5. PADMARAJAN.P.K., SUB INSPECTOR OF POLICE, MANNUTHY POLICE STATION, MANNUTHY-680 651. 6. SATHI, AGED 40 YEARS, D/O.SARADAMMA, THAIKKOTTU HOUSE, KUTTICHIRA ROAD, KALATHODU, OLLOOKKARA.P.O., THRISSUR, PIN-680 655. 7. JAGADEESH, AGED 45 YEARS, S/O.SARADAMMA, THAIKKOTTU HOUSE, KUTTICHIRA ROAD, KALATHODU, OLLOOKKARA.P.O., THRISSUR, PIN-680 655. R1 TO R4 BY GOVT. PLEADER BY GOVT. PLEADER SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18889/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE OP. NO.1356/09 DTD. 9.10.2009. P2:- COPY OF THE ORDER DT. 16.10.2010 IN IA. NO.4800/09 IN OP. 1356/09 OF THE FAMILY COURT, THRISSUR. P3:- COPY OF THE ORDER DT. 2.3.2010 IN CRL.M.C. NO.366/2010 OF THE SESSION'S COURT, THRISSUR. P4:- COPY OF THE PETITION FILED AS CRL.M.C. NO.446/2011 DTD. 11.4.2011 BEFORE THE HONOURABLE SESSIONS COURT, THRISSUR. P5:- COPY OF THE FIR DTD. 22.4.2011 IN CRIME NO.554/2011 OF MANNUTHY POLICE STATION. P6:- COPY OF THE MEMO DTD. 23.4.2011 ISSUED TO THE SUPERINTENDENT OF SUB JAIL, VIYYOOR FROM MAGISTRATE COURT. P7:- COPY OF THE ORDER DTD. 31.5.2011 OF THE DIRECTOR, CIVIL SUPPLIES. P8:- COPY OF THE REPRESENTATION DTD. 6.6.2011 SUBMITTED BEFORE CITY POLICE CHIEF, THRISSUR. P9:- COPY OF THE RECEIPT DTD. 6.6.2011 ACKNOWLEDGING RECEIPT OF REPRESENTATION OF THE PETITIONER ISSUED FROM THE OFFICE OF THE DISTRICT POLICE CHIEF, THRISSUR CITY. P10:- COPY OF THE JUDGMENT DTD. 15.6.2011 IN WPC. 16004/2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 18889 of 2011 --------------------------------- Dated this the 20th day of July, 2011 JUDGMENT Abdul Rehim,J. The petitioner is complaining about harassment from the side of 5th respondent in connection with a case registered against the petitioner alleging offences punishable under Section 498A IPC, at the instance of the 6th respondent, who is the wife of the petitioner. 2. The petitioner alleges that, under the undue influence of the 7th respondent, who is a local leader of the major ruling party of the State Government at the relevant time, the 5th respondent took high handed steps to see that the petitioner is arrested in the case in question and he is put to jail. According to the petitioner, when an anticipatory bail petition was filed by the petitioner before the Sessions Court, the 5th respondent reported that no crime was registered against him and hence the application was dismissed. But on 27.3.2011, which was on Sunday, the petitioner was taken to the police station and he was threatened to vacate the house within 15 days, otherwise it was threatened that he will be implicated in a non bailable case. Under the above mentioned circumstances, the petitioner again approached the Sessions Court seeking anticipatory WPC.18889/2011 2 bail. But during the pendency of the said petition the 5th respondent arrested the petitioner on 22.4.2011, which again was on a public holiday. The petitioner was remanded by the Judicial First Class Magistrate Court and he could get released on bail only on the next day. It is stated that based on the report regardding the arrest and remand, he was suspended from service of the Civil Supplies Department of the State Government, where he is working as a U.D.Clerk. 3. The allegation is that actions on the part of the 5th respondent is highly illegal, arbitrary and high handed. The petitioner had submitted Ext.P8 representation before the 3rd respondent about such actions, but no enquiry was conducted nor any action was initiated against the 5th respondent. Apprehending continued harassment from the side of the 5th respondent and also aggrieved by the inaction on Ext.P8 complaint, this writ petition is filed. 4. Learned Government Pleader appearing on behalf of respondents 1 to 5, on the basis of the instructions received, submitted that the 5th respondent has not taken any high handed or arbitrary action against the petitioner. The petitioner was arrested and produced before the Magistrate Court only as part investigation of the case registered and he was released on bail on the subsequent WPC.18889/2011 3 date. However it is made clear that, at present there is no requirement of personal presence of the petitioner for any purpose of the investigation and the petitioner will not be harassed in any manner . 5. We record the submissions made on behalf of respondents 1 to 5. We do not think any direction is warranted with respect to the apprehended further harassment, on the basis of the above submissions. However, we make it clear that it is obligatory on the part of the 3rd respondent to consider Ext.P8 and to take appropriate action based on the allegations raised therein against the 5th respondent. The writ petition is disposed of with the observations and directions contained hereinabove. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WPC.18889/2011 4