Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR.JUSTICE N.ANIL KUMAR THURSDAY, THE 31ST DAY OF JANUARY 2019 / 11TH MAGHA, 1940 PETITIONER/S: P.R.XAVIER AGED 51 YEARS S/O.RAPHAEL, PONNAMPURACKAL HOUSE, ELAMAKKARA DESOM, EDAPALLY SOUTH VILLAGE, KANAYANNUR TALUK. BY ADVS. SRI.ABRAHAM P.GEORGE SMT.M.SANTHY SRI.M.RAJENDRAN NAIR RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2 THE INSPECTOR GENERALOF POLICE STATE OF KERALA, SENA BHAVAN, THIRUVANANTHAPURAM. 3 CITY POLICE COMMISSIONER KOCHI CITY, ERNAKULAM. ..2.. 4 ASST.COMMISIONER OF POLICE CRIME BRANCH, OFFICE AT KALAMASSERY, ERNAKULAM DISTRICT. 5 K.S.JOSHI S/O.SANKUNNI, 2-C, LOTUS APARTMENTS, D.H.ROAD, KOCHI - 682 011.
SR.GP SRI.P.P.THAJUDEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner has moved this Court alleging harassment by the fourth respondent at the instance of the 5th respondent without any rhyme or reason. The learned counsel for the petitioner points out that the petitioner has not committed any offence and that the dealings between the petitioner and the 5th respondent are only of civil nature, which cannot constitute any offence at all. It is also pointed out that the name of the ..3.. petitioner is not included in Ext.P1 FIR registered by the police pursuant to the complaint preferred by the fifth respondent. Despite this, the fourth respondent has summoned the petitioner to the police station with intent to harass the petitioner and hence, this Writ Petition.
2. The learned Senior Government Pleader submits,
on the basis of the instructions received, that in the course of further proceedings and on the basis of the materials procured by the police, it was found that the petitioner has active involvement in connection with the crime and accordingly, he has been arrayed as the fourth accused in Crime No. 3599 of 2017 of the Central Police Station, Ernakulam. The offences involved are stated as under Sections 120(b), 420 & 460 r/w Section 34 of the Indian Penal Code. The said crime has now been transferred to the District Crime Branch, ..4.. Kochi City and the investigation is being headed by the Assistant Commissioner of the Crime Branch.
3. The learned Senior Government Pleader submits
that the petitioner had moved the Sessions Court, Ernakulam, apprehending arrest and detention he was granted 'pre-arrest bail', subject to the remark that the petitioner would co-operate with the investigation. It is brought to the notice of this Court that, it was only as part of the steps for investigation, that the petitioner was summoned to the police station to collect necessary inputs as to the offences and the very next moment, he has rushed to this Court by filing the present Writ Petition. It is also asserted by the learned Senior Government Pleader that there was no instance of any harassment by the police at any point of time nor will the police do so. Learned Senior ..5.. Government Pleader also submits that the presence of the petitioner will be ensured by issuing proper notice in terms of Section 41A Cr.P.C. The submission is recorded. In the said circumstances, this Court holds that the allegation of harassment levelled against the police is without any merit and hence, the Writ Petition is dismissed.
Sd/- P.R.RAMACHANDRA MENON JUDGE Sd/- N.ANIL KUMAR JUDGE Bka/01.02.2019 ..6.. APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE PHOTOCOPY OF THE FIR IN CRIME NO.3599/2017 OF ERNAKULAM CENTRAL POLICE STATION. EXHIBIT P2 TRUE PHOTOCOPY OF THE SALE DEED NO.2983/2016 OF SRO NORTH PARUR. EXHIBIT P3 TRUE PHOTOCOPY OF THE LAWYER NOTICE
ISSUED BY THE COUNSEL DATED 07/12/2017 AGAINST THE LAND OWNERS (PARTY NO.1 TO 3 THEREIN) AND TO THE PURCHASERS.
EXHIBIT P4 TRUE PHOTOCOPY OF PLAINT IN O.S.NO.39/2018 IN THE FILE OF SUB COURT, NORTH PARUR. EXHIBIT P5 TRUE PHOTOCOPY OF PLAINT IN O.S.NO.59/2018 IN THE FILE OF SUB COURT, NORTH PARUR. EXHIBIT P6 TRUE PHOTOCOPY OF PLAINT IN O.S.NO.218/2018 IN THE FILE OF MUNSIFF COURT, NORTH PARUR. EXHIBIT P7 TRUE PHOTOCOPY OF PLAINT IN O.S.NO.219/2018 IN THE FILE OF EXHIBIT P8 TRUE PHOTOCOPY OF PLAINT IN O.S.NO.220/2018 IN THE FILE OF EXHIBIT P9 TRUE PHOTOCOPY OF PLAINT IN O.S.NO.245/2018 IN THE FILE OF EXHIBIT P10 TRUE PHOTOCOPY OF PLAINT IN O.S.NO.246/2018 IN THE FILE OF ..7.. EXHIBIT P11 TRUE PHOTOCOPY OF THE COMPLAINT DATED BEFORE THE POLICE COMPLAINT AUTHORITY, STATE OF KERALA (WITH POSTAL RECEIPT). EXHIBIT P12 TRUE PHOTOCOPY OF THE COMPLAINT DATED BEFORE THE INSPECTOR GENERAL OF POLICE, STATE OF KERALA (WITH POSTAL RECEIPT).