Moosakutty vs The Station House Officer
2022 Latest Caselaw 606 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                        WP(C) NO. 29697 OF 2021
PETITIONER:

          MOOSAKUTTY,
          AGED 93 YEARS
          S/O.AHAMMED, KARUMATHIPARAMBIL, SHORNUR P.O., PALAKKAD
          DISTRICT-679 121.

          BY ADV SUNNY MATHEW



RESPONDENTS:

    1     THE STATION HOUSE OFFICER,
          PALAKKAD SOUTH POLICE STATION, PALAKKAD DISTRICT-678
          013.

    2     THE STATION HOUSE OFFICER,
          PATTAMBI POLICE STATION, PALAKKAD DISTRICT-679 303.

    3     THE DISTRICT POLICE CHIEF,
          OFFICE OF THE DISTRICT POLICE CHIEF, PALAKKAD DISTRICT-
          678 001.

    4     THE STATE POLICE CHIEF,
          POLICE HEAD QUARTERS, THIRUVANANTHAPURAM DISTRICT-695
          001.

    5     THE STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME
          AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
          001.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.29697 OF 2021


                                       2




                                  JUDGMENT

Dated this the 14th day of January, 2022

This writ petition is filed seeking directions to the

respondents not to constantly conduct raid in the residence

of the petitioner without a valid search warrant issued by

the Magistrate.

2. It is stated in the writ petition itself that the son

of the petitioner is an accused in a murder case and that

his whereabouts are not known to the petitioner.

3. The learned Government Pleader submits that

there has been no harassment of the petitioner and that all

that has been done was an investigation into the murder

case and an attempt to apprehend the accused therein. It

is submitted that no further steps will be taken against the

petitioner except in accordance with law and that the

petitioner will not be summoned to the police station

without issuing due notices under Section 41 of the Cr.P.C.

The above submission is recorded. The

petitioner who is a senior citizen shall not be harassed W.P.(C)No.29697 OF 2021

without cause and that he will be summoned only after

issuance of due notice under Section 41 of the Cr.P.C.

However, this will not stand in the way of proper

investigation into the murder case.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/14/01 W.P.(C)No.29697 OF 2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE TAX RECEIPT PERTAINING TO THE PETITIONER'S PROPERTY DATED 13.12.2021.

Exhibit P2 A TRUE COPY OF THE ADHAR CARD OF THE PETITIONER.

Exhibit P3 A TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER.

RESPONDENTS' EXHIBITS:      NIL



 SSK                          //TRUE COPY//          PA TO JUDGE