Renjith R vs The State Of Kerala
2021 Latest Caselaw 22659 Ker

              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. 22259 OF 2021
PETITIONER:

          RENJITH R
          AGED 26 YEARS
          S/O. RAJAPPAN, NARIYANA PULIKKAL CHIRA,
          PONNAD POST, ALAPPUZHA-688 538.

          BY ADVS.
          U.BALAGANGADHARAN
          R.RAJAT



RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY SECRETARY, HOME DEPARTMENT,
          THIRUVANANTHAPURAM-695 001.

    2     THE STATE POLICE CHIEF
          (FORMER DIRECTOR OF GENERAL POLICE), POLICE HEAD
          QUARTERS, THIRUVANANTHAPURAM-695 001.

    3     THE COMMISSIONER OF POLICE
          ERNAKULAM-682 033.

    4     THE ASSISTANT COMMISSIONER OF POLICE
          THRIPUNITHARA, ERNAKULAM-682 033.

    5     THE DISTRICT POLICE CHIEF
          ALAPPUZHA-688 001.

    6     THE STATION HOUSE OFFICER (S.H.O)
          MARADU POLICE STATION, ERNAKULAM-682 020.

    7     ARUN @ ARUNIMA KUNJU
          AGED 28 YEARS
          S/O. KUNJU, VYTTILA UNDER PASS, PULATH, PULATH
          LANE, ERNAKULAM, 682 019.


OTHER PRESENT:
 WP(C) NO. 22259 OF 2021           2

             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:
 WP(C) NO. 22259 OF 2021          3

                              JUDGMENT

The petitioner says that he is acquainted to the

7th respondent, but that taking advantage of the same,

he was subjected by the latter to the position of a

paid slave. He says that he has been paid only an

amount of Rs.30,000/- towards wages at various times,

but that the 7th respondent began to harass and

intimidate him to return the same, which became so

intolerable, that he had to run away from him.

2. The petitioner says that this infuriated the

7th respondent and that he has been trying to tarnish

his reputation by uploading nasty and vulgar posts in

the online media; and that, on 22.04.2021, the said

respondent, along with certain other persons, came to

his house and abused even his parents, which led to

his mother to faint on account of tension. He says

that, therefore, he had no other option but to

approach the Circle Inspector of Police through

Ext.P1 request seeking protection; but that, however,

instead of investigating into his complaint, the

Police are now harassing him continuously, by

summoning him into the Police Station; and he,

consequently, prays that they be directed not to do

so.

3. I have heard Shri.U.Balagangadharan, learned

counsel appearing for the petitioner and

Shri.E.C.Bineesh, learned counsel appearing for

respondents 1 to 6. Even though summons from this

Court has been sent to respondent No.7 the same has

been returned with the endorsement 'not known'.

4. Shri.E.C.Bineesh, learned Government Pleader

submitted that the allegations in this writ petition

are not correct, because, on receipt of a complaint

from the 7th respondent, the petitioner was summoned

to the Police Station only to record his statement.

He added that instead of doing so, the petitioner has

approached this Court alleging "harassment". He,

however, submitted that the petitioner has not been

yet arrayed as an accused in any case and that no

investigation is presently going on against him.

Taking note of the afore submissions, I allow

this writ petition and direct the official

respondents not to summon the petitioner to the

Police Station, based on any complaint filed or to be

filed by the 7th respondent against him, unless he is

first issued with a notice under Section 41(A) of the

Code of Criminal Procedure.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/22.11.2021

APPENDIX OF WP(C) 22259/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF COMPLAINT FILED BY THE PETITIONER ON 3.9.2021 BEFORE THE CIRCLE INSPECTOR, MARARIKULAM POLICE STATION.

Exhibit P2 TRUE COPY OF RECEIPT DATED 3.9.2021 ISSUED BY THE MARARIKULAM POLICE STATION TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE DISTRICT POLICE CHIEF, ALAPPUZHA DATED 5.10.2021.

Exhibit P4 TRUE COPY OF THE COMPLAINT SUBMITTED TO THE STATE POLICE CHIEF DATED 5.10.2021 BY THE PETITIONER.

Exhibit P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE MARADU POLICE STATION, ERNAKULAM, DATED 20.9.2021