IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11006 of 2009(U)
1. NISAR K.R., AGED 23 YEARS,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE, KODAKARA.
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
3. SUPERINTENDENT OF POLICE, THRISSUR.
4. BABU, KALLUPARAMBIL HOUSE,
For Petitioner :SRI.A.C.DEVY
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :21/04/2009
O R D E R
S. SIRI JAGAN & ANTONY DOMINIC, JJ.
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W.P.(C) No. 11006 of 2009
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Dated: APRIL 21, 2009
JUDGMENT
Siri Jagan, J.
The petitioner is a barber by profession. One of the
sister’s of the petitioner is married to the 4th respondent’s
son and in that wedlock a child was born to them. The
petitioner’s sister obtained a divorce on the ground of
cruelty by the 4th respondent’s son. The petitioner’s
grievance now is that the 4th respondent, the father-in-
law of the petitioner’s sister, has influenced the police,
pursuant to which the police is harassing the petitioner
and his family. According to the petitioner, although the
petitioner has obtained bail from the Magistrate in a
criminal case charged against him at the instance of the
4th respondent, the police is frequently coming to the
petitioner’s house and harassing the petitioner, his
W.P.(C) No. 11006 of 2009
2
parents and his sisters. The petitioner therefore seeks the
following reliefs:-
i) issue a writ of mandamus or any appropriate writ,
order or direction directing the 1st respondent not to
harass the petitioner and his family members by
summoning to the police station.
ii) issue a writ of mandamus or any appropriate writ,
order or direction directing the 1st and 2nd respondents
not to take any action against the petitioner on the
basis of any frivolous complaint.
iii) issue such other writ, order or direction as this court
may deem fit to grant in the facts and circumstances of
this case.
2. The learned Government Pleader on instructions
submits that the petitioner has been directed to be present
in the police station as part of the investigation of the crime
charged against the petitioner, which cannot be termed as
harassment. The learned Government Pleader disputes the
averments in the writ petition regarding harassment.
3. After hearing both sides, we dispose of this writ
petition with the following directions:-
If the police wants the presence of the petitioner in
connection with the investigation of the criminal case
W.P.(C) No. 11006 of 2009
3
against the petitioner, he shall be issued with a notice
for being present in the police station on a particular
day. The police shall not harass the petitioner in any
manner in the guise of the investigation.
S. SIRI JAGAN, JUDGE
ANTONY DOMINIC, JUDGE
mt/-