Bhagya Sadanandan vs District Police Chief, Thrissur
2024 Latest Caselaw 15910 Ker

Kerala High Court

Bhagya Sadanandan vs District Police Chief, Thrissur on 6 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                          WP(C) NO. 19000 OF 2024
PETITIONER:

              BHAGYA SADANANDAN,
              AGED 23 YEARS
              D/O SADANANDAN,'SANGEETH', MATTANODE POST, KOORACHUNDU
              VIA, KOZHIKODE., PIN - 673527
              BY ADVS.
              DENIZEN KOMATH
              RAMZY BIN O.A.
              DEAN DENIZEN KOMATH
              MEGHA MADHAVAN
              GANGA S.


RESPONDENTS:

     1        DISTRICT POLICE CHIEF, THRISSUR
              THRISSUR CITY, PIN - 680003
     2        STATION HOUSE OFFICER,
              VADAKKEKAD POLICE STATION, THRISSUR., PIN - 679564


              SRI.MARINA JOSEPH
              SMT.REKHA C.NAIR, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19000 OF 2024
                                     2

                              JUDGMENT

The petitioner says that she is a Post

Graduate student and that she was given a parcel

by one of her friends, without disclosing what

is inside, for safe keeping. She says that when

the said parcel was not collected from her even

after few days by her friend, she opened it, to

find six used mobile phones; but that she did

not suspect anything wrong and she was under the

impression that her friend may be busy.

2. The petitioner says that, however, on

01.11.2023, certain police officers came to her

house and interrogated her, asking her about the

parcel, to which she disclosed all relevant

facts and handed over the phones; but that,

thereafter, she is being "hounded" by the police

continually, as if she has committed some WP(C) NO. 19000 OF 2024

Crimes. She says that, therefore, she has been

constrained to approach this Court against such

action.

3. The learned Senior Government Pleader -

Smt.Rekha C.Nair, however, responded to the

afore submissions of the petitioner, as made by

her learned counsel - Denizen Komoth, saying

that, though the petitioner is not yet an

accused in any Crime, she requires to be asked

about her acquaintance to one of the accused;

and that it is only for such purpose that she

had been summoned. She added that, however, as

long as the petitioner is not arrayed as an

accused, she will be summoned only after being

issued an appropriate notice, under the

provisions of the Code of Criminal Procedure.

4. The afore submissions of the learned

Senior Government Pleader certainly allays the WP(C) NO. 19000 OF 2024

apprehension of the petitioner because, she does

not have to harbor any fear of being summoned

without cause, since she will now be issued a

notice.

In the afore circumstances, recording the

afore submissions of the learned Senior

Government Pleader, I close this Writ Petition,

without entering into the merits of any of the

rival contentions and leaving them all open.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 19000 OF 2024

APPENDIX OF WP(C) 19000/2024

PETITIONER'S EXHIBITS:

Exhibit-P1 TRUE PHOTOCOPY OF THE FIR IN CRIME NUMBER 821/2023 OF 2ND RESPONDENT POLICE STATION Exhibit-P2 TRUE PHOTOCOPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 19.05.2024