Kerala High Court
Stejin Maneuel vs The Director General Of Police (Law & ... on 6 September, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:70147
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 25344 OF 2024
PETITIONERS:
1 STEJIN MANEUEL
AGED 30 YEARS
S/O MANUEL, EARATHARA HOUSE, MUTTINAKAM, VARAPUZHA.P.O.,
ERNAKULAM DISTRICT., PIN - 683517
2 THOMAS JACOB
AGED 35 YEARS
S/O JACOB, KOLARIKKAL HOUSE, MUTTINAKAM, VARAPUZHA.P.O.,
ERNAKULAM DISTRICT., PIN - 683517
3 ANTONY JACOB
AGED 30 YEARS
S/O JACOB, KOLARIKKAL HOUSE, MUTTINAKAM, VARAPUZHA.P.O.,
ERNAKULAM DISTRICT., PIN - 683517
4 SHERIN
AGED 30 YEARS
S/O ANTONY, KOLARIKKAL HOUSE, MUTTINAKAM, VARAPUZHA.P.O.,
ERNAKULAM DISTRICT., PIN - 683517
5 NITHISH
AGED 30 YEARS
S/O CLEETUS, KADAYAPARAMBIL HOUSE, MUTTINAKAM,
VARAPUZHA.P.O., ERNAKULAM DISTRICT., PIN - 683517
6 SUJITHLAL
AGED 35 YEARS
S/O SURESH, PARAPPAN HOUSE,MANNAMTHURUTH, VARAPUZHA.P.O.,
ERNAKULAM DISTRICT., PIN - 683517
BY ADVS.
A.V.JOJO
A.X.VARGHESE
RESPONDENTS:
1 THE DIRECTOR GENERAL OF POLICE (LAW & ORDER)
THIRUVANANTHAPURAM., PIN - 695001
W.P.(C)No.25344 of 2024
2024:KER:70147
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2 THE SUPERINTENDENT OF POLICE
(RURAL) ALUVA, ERNAKULAM DISTRICT., PIN - 682035
3 THE SUB INSPECTOR OF POLICE
VARAPUZHA POLICE STATION, VARAPUZHA.P.O.,
ERNAKULAM., PIN - 683517
4 ANWIL THOMAS
AGED 23 YEARS
S/O THOMAS, NANATTU HOUSE, MUTTINAKAM, VARAPUZHA.P.O.,
ERNAKULAM DISTRICT., PIN - 683517
5 THOMAS ROCKY
S/O ROCKY, NANATTU HOUSE, MUTTINAKAM, VARAPUZHA.P.O.,
ERNAKULAM DISTRICT., PIN - 683517
6 DENNY.V.P.
S/O PAULOSE, VALIYAVEETTIL HOUSE, CHETTIBHAGAM,
VARAPUZHA.P.O., ERNAKULAM DISTRICT., PIN - 683517
BY ADV. SRI. AJITH VISWANATHAN, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.25344 of 2024
2024:KER:70147
3
JUDGMENT
Dated this the 06th day of September, 2024
The grievance of the petitioner is that they and
their family members are being constantly harassed
by the Police at the instance of respondents 4 to 6.
2. The learned Counsel for the petitioners
submits that the mere fact that two crimes for minor
offences are registered against the petitioners cannot
be treated as a license by the Police to harass the
petitioners by visiting their residences frequently.
3. The learned Government Pleader submitted
that the petitioners were involved in 8 offences and
are absconding. Hence, the Police has to conduct
searches for tracing out the petitioners.
2024:KER:70147
4. According to the learned Counsel for the
petitioners, as of now, only two crimes are pending
against his clients.
5. The Police, as part of the investigation, has
every right to summon the accused and conduct
search if necessary. While exercising such powers
the police has to act in accordance with the
provisions of the Bharatiya Nagarik Suraksha Sanhita
and the Kerala Police Act.
The writ petition is accordingly disposed of,
directing the Police to act in accordance with the
provisions of the Bharatiya Nagarik Suraksha Sanhita
and the Police Act while conducting searches and
taking coercive measures.
Sd/-
V.G.ARUN
JUDGE
NB/6-9
2024:KER:70147
APPENDIX OF WP(C) 25344/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ACCIDENT REGISTER –CUM-
WOUND CERTIFICATE ISSUED BY THE TALUK
HEADQUARTERS HOSPITAL, N.PARAVUR DATED
24/4/2024.
EXHIBIT P2 TRUE COPY OF THE F.I.R. 261/2024 OF VARAPUZHA
POLICE STATION DATED 25/4/2024.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT GIVEN BY THE 1ST
PETITIONER TO THE 3RD RESPONDENT DATED
16/5/2024 .
EXHIBIT P4 TRUE COPY OF THE F.I.R.398/2024 OF VARAPUZHA
POLICE STATION DATED 4/6/2024.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED NIL GIVEN
BY THE 1ST PETITIONER TO THE 2ND RESPONDENT .
EXHIBIT P6 TRUE COPY OF THE ACKNOWLEDGMENT CARDS SHOWING
THE RECEIPT OF EXHIBIT P-5.
TRUE COPY
P.A. TO JUDGE
