High Court Kerala High Court

Shyam Kumar vs Commissioner Of Police on 3 November, 2009

Kerala High Court
Shyam Kumar vs Commissioner Of Police on 3 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28909 of 2009(G)


1. SHYAM KUMAR, AGED 34 YEARS,
                      ...  Petitioner

                        Vs



1. COMMISSIONER OF POLICE,
                       ...       Respondent

2. C.I. OF POLICE,

                For Petitioner  :SRI.SHAIJU MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :03/11/2009

 O R D E R
         KURIAN JOSEPH & C.T.RAVIKUMAR, JJ.
            -----------------------------------------
                 W.P(C)No.28909 of 2009
            -----------------------------------------
        Dated this the 3rd day of November, 2009

                          JUDGMENT

Kurian Joseph,J.

Petitioner approached this court complaining of

Police harassment. According to the petitioner the second

respondent has demanded certain amounts from him, in the

process of investigation. Apart from his official capacity, the

second respondent is not impleaded on the party array as

eo-nominee and therefore, this court would not be justified in

conducting any enquiry on such an allegation. Be that as it

may, learned Government Pleader, on instruction, submits

that the petitioner is an accused in various crimes involving

money transactions within the jurisdiction of various Police

Stations and apparently this writ petition is filed only with

oblique motives. According to the learned counsel for the

petitioner, the petitioner has been enlarged on bail in all other

crimes and yet the Police is harassing him and members of

his family. Though the petitioner is a person enlarged on bail,

W.P(C)No.28909 of 2009
-:2:-

it cannot be said that there cannot be any further investigation in

respect of the crimes or other crimes. Learned Government

Pleader submits that apart from the lawful discharge of the

duties the Police will not cause any harassment in the process of

investigation.

Therefore, this writ petition is dismissed, in view of the

submission made above by the learned Government Pleader. It

is made clear that the Police shall be at liberty to conduct any

investigation in respect of any complaint or crime, in accordance

with law.

(KURIAN JOSEPH, JUDGE)

(C.T.RAVIKUMAR, JUDGE)
ahg.

KURIAN JOSEPH &
C.T.RAVIKUMAR, JJ.

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W.P(C)No.28909 of 2009

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JUDGMENT

3rd November, 2009