IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).No. 21326 of 2010(M) -------------------------- PETITIONERS: --------------- 1. GOPINATHAN, S/O.BAHULEYAN, AGED 57 YEARS, RESIDING AT LAKSHMIBHAVAN, CHERTHALA SOUTH P.O., CHERTHALA. 2. KANAKAMMA, W/O.GOPINATHAN, AGED 50 YEARS, RESIDING AT LAKSHMI BHAVAN, CHERTHALA SOUTH P.O., CHERTHALA. 3. SAJITHA PRIJI, W/O.PRIJI GOPINATH, RESIDING AT LAKSHMI BHAVAN, CHERTHALA SOUTH P.O., CHERTHALA. 4. REKHA PRINCE, W/O.PRINCE GOPINATH, RESIDING AT LAKSHMI BHAVAN, CHERTHALA SOUTH P.O., CHERTHALA. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM P.O.-695 001. 2. THE STATION HOUSE OFFICER, P.O.MARARIKULAM POLICE STATION, ALAPPUZHA-688 549 P.O. MARARIKULAM 688 549. 3. THE SUB INSPECTOR OF POLICE, (THE OFFICER IN CHARGE), MARARIKULAM POLICE STATION, ALAPPUZHA-688 549. MARARIKULAM P.O., 688 549. 4. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, ALAPPUZHA P.O., PIN-688 001. GOVERNMENT PLEADER, SHRI T K VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 21326 of 2010 M - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of July, 2010 JUDGMENT Joseph, J. The petitioners have approached this court for a direction to the respondents not to intervene into the privacy of the petitioners and not to harass or threaten them in connection with Crime No. 387 of 2010 of Mararikulam Police Station, by issuing a writ of mandamus or any other appropriate writ, direction or order. 2. Briefly the case of the petitioners is as follows. Petitioners 1 and 2 are husband and wife. The first petitioner is a practitioner in Traditional Ayurvedic Medicines. Petitioners 3 and 4 are the daughter-in-laws of petitioners 1 and 2. It is submitted that the 4th petitioner is pregnant. Petitioners 1 and 2 W.P.(C).No. 21326 of 2010 2 have four sons. It is submitted that one of their sons, Praveen Gopinath, was implicated in Crime No. 387 of 2010 of Mararikulam Police Station for the offences punishable under Sections 341 and 506 (ii) I.P.C. and Section 66 E(b) of the Information Technology Act based on the complaint of one Manju. Due to the influence of the said Manju, the police are trying to harass the petitioners, who are totally innocent. They have no intention to conceal Praveen. It is submitted that the search was conducted without any warrant and without following the procedure under law, including Sections 94 and 100 Cr.P.C. 3. The learned Government Pleader, on instructions, relies on the crime referred to in the writ petition. It is submitted that hard discs remains to be traced out. The police are enquiring as to where the hard discs are concealed. The learned Government Pleader submits that they will conduct the search strictly in accordance with the provisions under Sections 94, 100 and 165 Cr.P.C. and there will be no harassment as such. W.P.(C).No. 21326 of 2010 3 4. Recording the said submission, we dispose of the Writ Petition. We make it clear that it will be free to respondents 2 to 4 to investigate the crime in accordance with law, including the involvement of the petitioners in the commission of the crime. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm