Kerala High Court
Sivadasan Pillai vs State Of Kerala on 12 November, 2024
2024:KER:84716
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946
WP(C) NO. 14963 OF 2020
PETITIONER :
SIVADASAN PILLAI,
AGED 58 YEARS
S/O.LATE KUTTAN PILLAI, SHANTHI NILAYAM,
E.T.C(P.O), KOTTARAKKARA, KOLLAM-691531.
BY ADVS. SRI.T.R.JAGADEESH
SRI.V.A.VINOD
SRI.B.RATHEESH
RESPONDENTS :
1 STATE OF KERALA,
REPRESENTED BY THE HOME SECRETARY, ROOM NO.357(A)
AND 358, MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM-695005.
2 THE DIRECTOR GENERAL OF POLICE AND STATE POLICE
CHIEF,
P.M.G, THIRUVANANTHAPURAM-695012.
3 SUPERINDENT OF POLICE,
KOLLAM RURAL, KOLLAM-690518.
4 DY.SUPERINDENT OF POLICE
KOLLAM RURAL, ADOOR, KOLLAM-691523.
5 STATION HOUSE OFFICER,
KOTTARAKKARA POLICE STATION, KOLLAM-691506.
WP(C) No.14963 of 2020
2
2024:KER:84716
6 ALEX JOHNSON,
KUTTYCHIRA GRADEN, NEAR LIONS CLUB, E.T.C (PO),
KOTTARAKKARA, KOLLAM-691531.
7 MARYKUTTY,
KUTTYCHIRA GRADEN, NEAR LIONS CLUB, E.T.C (PO),
KOTTARAKKARA, KOLLAM-691531.
8 GOPIKRISHNAN,
IDAYILAZHIKATH VEEDU, E.T.C (P.O), KOTTARAKKARA,
KOLLAM-691531.
9 ANITHAKUMARI,
W/O.GOPIKAKRISHNAN, IDAYILAZHIKATH VEEDU, E.T.C
(P.O), KOTTARAKKARA, KOLLAM-691531.
*10 AJEESH KUMAR
AJEESH BHAVAN, E.T.C (P.O), KADAMKULAM,
KOTTARAKKARA, KOLLAM-691531. [CORRECTED] (THE
[HOUSE NAME OF R10 IS CORRECTED AND SUBSTITUTED
AS "ASWATHY BHAVAN" INSTEAD OF "AJEESH BHAVAN" AS
PER ORDER DATED 27/7/21 IN I.A.1/2021 IN
WP(C)14963/21.]
BY ADVS. SRI.A.R.DILEEP
SRI.P.J.JOE PAUL
SRI.MANU SRINATH
SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
OTHER PRESENT:
R1 TO 5 - SRI.RAJEEV GEORGE,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.14963 of 2020
3
2024:KER:84716
P.M. MANOJ, J
-----------------------------------
W.P.(C) No.14963 of 2020
--------------------------------------------------------
Dated this the 12th day of November, 2024
JUDGMENT
The writ petition is preferred, alleging police harassment
by respondents 4 and 5. In fact, it is a dispute among the
petitioner and respondents 6 to 10.
2. It is the case of the petitioner that already other crimes
were registered against the petitioner, that was under challenge
before this Court. Respondent No.9 is the defacto complainant in
Crl.M.C. Nos.3054 of 2023, Respondent No.7 is the defacto
complainant in Crl.M.C. No.3123 of 2023 and another complaint
is preferred by daughter of Sri.Gopikrishnan and
Smt.Anithakumari, in that case Crl.M.C. No.3090 of 2023 is
pending before this Court. However, respondents 4 and 5
threatened the petitioner that he will be proceeded against,
under Section 354 IPC and that he will be convicted under the
provisions of POCSO Act. This is the circumstance in which the
petitioner has preferred this writ petition alleging police
harassment.
2024:KER:84716
3. On considering the facts involved in this case, I deem
it appropriate to direct the respondents that they shall take note
of Section 63 of the Kerala Police Act, 2011, which prescribed
six conditions that envisages the interference of police in dispute
between the individuals or groups. If the crime is registered,
appropriate procedure shall be adopted under the provisions of
the Bharathiya Nagarik Suraksha Sanhita (BNSS), 2023; without
that, the petitioner shall not be summoned. While summoning
the petitioner, the respondent concerned shall take into
consideration the medical condition of the petitioner. These
directions will not stand in the way of proceeding by the police,
if any criminal case is registered against the petitioner.
The writ petition is disposed of as above.
Sd/-
P.M.MANOJ
JUDGE
sss
2024:KER:84716
APPENDIX OF WP(C) 14963/2020
PETITIONER'S EXHIBITS :
EXHIBIT P1 TRUE COPIES OF THE MEDICAL CASE SHEETS
AND CLINICAL REPORTS.
EXHIBIT P2 TRUE COPY OF FIR NO.2294 OF 2016 ALONG
WITH FIS.
EXHIBIT P3 TRUE COPY OF AWARD DATED 16.10.2018 OF
LOK ADALAT CASE NO.PLP 1669 OF 2018.
EXHIBIT P4 TRUE COPY OF ADVOCATE COMMISSIONER'S
REPORT DATED 06.07.2019.
EXHIBIT P5 TRUE COPY OF DIRECTION DATED 19.10.2019
ISSUED BY MUNICIPAL SECRETARY,
KOTTARAKKARA.
EXHIBIT P6 TRUE COPY OF FIR NO.1744 OF 2019
EXHIBIT P7 TRUE COPY OF COMPLAINT DATED 04.11.2019
FILED BY THE PETITIONER.
EXHIBIT P8 TRUE COPY OF COMPLAINT DATED
05.11.2019.
EXHIBIT P9 TRUE COPY OF COMPLAINT DATED
22.12.2019.
EXHIBIT P10 TRUE COPY OF LETTER NO.26018/PET
B2/2020 DATED 13.01.2020.
EXHIBIT P11 TRUE COPY OF FIR NO.590 OF 2020.
EXHIBIT P12 TRUE COPY OF FIR NO.2412 OF 2020.
EXHIBIT P13 TRUE COPY OF NEWS ITEM APPEARED IN
2024:KER:84716
DESHABHIMANI DAILY DATED 10.06.2020.
EXHIBIT P14 TRUE COPY OF WOUND CERTIFICATE.
EXHIBIT P15 TRUE COPY OF JUDGMENT DATED 23.06.2020
IN BA.NO.3471 OF 2020.
EXHIBIT P16 TRUE COPY OF NEWS APPEARED IN
DESHABHIMANI DAILY DATED 12.07.2020.
EXHIBIT P17 TRUE COPY OF REMAND REPORT IN FIR
NO.3096 OF 2020.
EXHIBIT P8 A A TRUE COPY OF THE COMPLAINT DATED
3.6.2015 FILED BEFORE THE WOMEN CELL OF
KOTTARAKARA POLICE STATION
EXHIBIT R8 B A TRUE COPY OF THE COMPLAINT DATED
3.10.2016 WITH ENCLOSURES
EXHIBIT R8 C A TRUE COPY OF THE OBJECTION TO THE
COMMISSION REPORT
EXHIBIT R8 D A TRUE COPY OF THE COMPLAINT DATED
1.2.2020 BEFORE THE SUPERINTENDENT OF
POLICE (RURAL), KOLAM
EXHIBIT R8 E A TRUE COPY OF FIR NO-999/12 DATED
2.6.2012
