Kerala High Court
Lakshmi K vs State Of Kerala on 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
WP(C) NO. 21581 OF 2021
PETITIONERS:
1 LAKSHMI K.
D/O. ARAVINDAKSHA MENON, KONGATTU HOUSE, KOTTAPPURAM
P. O., THRISSUR DISTRICT, PIN - 680 667.
2 CHANDRA MOHAN, S/O. BALAKRISHNAN NAIR,
KODIYATHU HOUSE, ADUVASSERY P. O., NORTH PARAVUR,
ERNAKULAM DISTRICT, PIN - 683578.
BY ADVS.
DINESH MATHEW J.MURICKEN
VINOD S. PILLAI
SREELAKSHMI R.
MOHAMMED THAYIB N.M.
NAYANA VARGHESE
ANSU SARA MATHEW
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO HOME, HOME DEPARTMENT,
SECRETARIAT, PALAYAM P. O., THIRUVANANTHAPURAM DISTRICT,
PIN - 695 001.
2 STATION HOUSE OFFICER
ELAMAKKARA POLICE STATION, THANIKKAL KEERTHI NAGAR
ROAD, KEERTHI NAGAR, MAMANGALAM, ELAMAKKARA,
KOCHI P. O., ERNAKULAM DISTRICT, PIN - 682026.
3 THE SUB INSPECTOR OF POLICE,
ELAMAKKARA POLICE STATION, THANIKKAL KEERTHI NAGAR
ROAD, KEERTHI NAGAR, MAMANGALAM, ELAMAKKARA, KOCHI P.
O., ERNAKULAM DISTRICT, PIN - 682026.
4 LITHIN P. M.
2
W.P.(C)No. 21581 of 2021
POLLAYIL HOUSE, CHERIYAKADAVU, KANNAMALY P. O.,
ERNAKULAM DISTRICT, PIN - 682008.
SRI.E C.BINEESH - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
W.P.(C)No. 21581 of 2021
JUDGMENT
Dated this the 19th day of November, 2021.
The petitioners allege that the 4th respondent had
obtained a loan from the first among them and that
when they demanded repayment, he prevailed upon the
3rd respondent - Sub Inspector of Police, to harass them.
2. According to the petitioners, the 3 rd respondent
has now demanded that they do not ask the 4th
respondent for the repayment of the loan; and they,
therefore, pray that the said Authority be directed not to
do so.
3. The afore submissions of Sri.K.Ahamad Sachin
- learned counsel for the petitioners, however, were
vehemently controverted by Sri.E.C.Bineesh - learned
Government Pleader, saying that, in fact, the 1st
W.P.(C)No. 21581 of 2021
petitioner has been arrayed as an accused in Crime
No.599/2021 on a compliant received from the 4 th
respondent to the effect that she is running a Ladies
Hostel, illegally offering finance to others and thus
extorting money. He submitted that investigation to the
said Crime is still going on, but added that police have
not harassed the petitioners in any manner whatsoever.
4. In reply, Sri.K.Ahammed Sachin - learned
counsel for the petitioners, submitted that his clients are
not aware that they are accused in any Crime; and,
therefore, sought liberty to invoke their remedies against
the same, as per law. He, however, added that even if
they are arrayed as accused in any Crime, the police
cannot harass them in any manner.
5. Taking note of the afore submissions and
particularly the fact that 1st petitioner has already been
arrayed as an accused in Crime No.599/2021, I am of
W.P.(C)No. 21581 of 2021
the view that this Court will be justified in disposing of
this writ petition with the following directions.
Resultantly, this writ petition is ordered, directing
respondents 2 and 3 to cause an investigation into the
afore mentioned Crime against the 1st petitioner only
within the parameters of law and without causing any
unnecessary vexation or harassment to her; however,
with full liberty to take necessary steps and measures in
law, relation to the said Crime.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Raj/22.11.2021.
