IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33864 of 2008(F)
1. VIJU K.S., AGED 35 YEARS,
... Petitioner
Vs
1. SUPERINTENDENT OF POLICE,
... Respondent
2. SUB INSPECTOR OF POLICE,
3. CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.N.K.MOHANLAL
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :25/11/2008
O R D E R
K.BALAKRISHNAN NAIR AND M.C.HARI RANI, JJ.
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W.P.(C) NO.33864 OF 2008 (F)
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Dated this the 25th day of November, 2008
J U D G M E N T
K.BALAKRISHNAN NAIR, J.
The petitioner submitted that he is a driver and is living
with his family members at Gothuruthu, Chennamangalam. He is an
accused in two cases including one registered by the Enforcement
officials in Bangalore. He submitted that those cases are based on
false allegations and he has been falsely implicated in them. Now,
respondents 2 and 3, the Sub Inspector of Police and Circle Inspector
of Police respectively, are keeping surveillance at the residence of the
petitioner and also in the locality where he resides. They frequently
come in their uniform and in their official vehicles to the house of the
petitioner and the same creates great harassment to the petitioner
and his family members. Therefore, this writ petition is filed seeking
appropriate reliefs against the said harassment.
W.P.(C) No.33864/2008
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2. Learned Government Pleader, upon instructions,
submitted that petitioner is included in the rowdy list. He is an
accused in several criminal cases and is also an accused in a
criminal case in Bangalore. As part of the measures taken by the
police to maintain law and order, the police officials are keeping
surveillance over the activities of the petitioner. They are coming to
his residence occasionally to find out whether the petitioner is
available there. These actions are taken as part of routine functions
of the police, it is submitted.
3. The petitioner being a criminal, if the police are keeping a
watch over his activities and also visiting his residence occasionally
to find out whether he is available in his house, the same cannot be
described as any harassment from the part of police. We cannot
interfere with the operational freedom of the police in this regard. The
petitioner has to change himself, so that the police will not trouble
W.P.(C) No.33864/2008
– 3 –
him. As long as, he continues his criminal activities the police would
keep their surveillance so that others can live in peace. They are only
discharging their duties. Therefore, no relief can be granted to the
petitioner.
Accordingly, this writ petition is dismissed.
K.BALAKRISHNAN NAIR, JUDGE
M.C.HARI RANI, JUDGE.
skr