Dilep Kumar v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 WP(C).No. 24261 of 2015 (G) ---------------------------- PETITIONER(S) :- -----------------
1. DILEEP KUMAR, S/O.NARAYANAN, TYPE - I, No-1 CGO COMPLEX POONKULAM, VELLAYANI P.O, TRIVANDRUM - 695 522.
2. RAJA S/O.AZEEZ, PLAMOODU PURAYIDAM, M.O.WARD NEAR KALLUPALAM, ALAPPUZHA - 688 011.
BY ADVS.SRI.M.H.HANIL KUMAR SRI.M.R.DHANIL SMT.M.R.JAYALATHA SMT.SREESHA RESPONDENT(S) :- ------------------
1. THE STATE OF KERALA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY HOME & VIGILANCE SECRETARIAT THIRUVANANTHAPURAM - 695001
2. THE STATE POLICE CHIEF POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.
3. THE DISTRICT POLICE CHIEF (RURAL) ALUVA, ALUVA P.O, ERNAKULAM DISTRICT.
4. THE CIRCLE INSPECTOR OF POLICE NORTH PARAVOOR, NORTH PARVOOR P.O, ERNAKULAM DISTRICT.
5. THE SUB INSPECTOR OF POLICE NORTH PARAVOOR, NORTH PARVOOR P.O, ERNAKULAM DISTRICT.
6. CHITHRANGATHAN S/O.KESAVAN, VYPINCHERRY, NANDYATTUKUNNAM EXHIKKARA P.O, NORTH PARAVOOR, ERNAKULAM R1 TO R5 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 24261 of 2015 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXT.P1:A TRUE COPY OF THE AGREEMENT DATED 08.07.2015. EXT.P2:A TRUE COPY OF THE COMPLAINT DATED 06.08.2015 SUBMITTED BY THE PETITIONERS.
EXT.P3:A TRUE COPY OF THE RECEIPT ISSUED FROM THE POLICE HEADQUARTERS, DATED 06.08.2015 ALONG WITH ENGLISH TRANSLATION. RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
---------------------------------- W.P.(C) No.24261 of 2015 ------------------------------------- Dated this the 11th day of August 2015
J U D G M E N T
Shaffique, J.
The petitioners have approached this Court alleging harassment by police.
2.
It is stated that the petitioners have been arrested in a crime registered for the offence punishable under Sec.420 of IPC and were later released on bail. It is alleged that at the instance of the police authorities, the petitioners had to execute an agreement, offering to pay certain amount to the de facto complainant. It is stated that `4 lakhs had already been paid and now the police is insisting them to pay a further amount of `2 lakhs.
3.
Learned Government Pleader on instructions would submit that the petitioners are accused Nos.1 and 2 in a crime and the 3rd accused is absconding. Ext.P1 is the agreement executed between the parties and the police has nothing to do with the same. The police has almost completed the investigation, but for apprehending the 3rd accused. The police have not called upon the petitioners to pay any amount to the de facto complainant.
W.P.(C) No.24261 of 2015 -: 2 :- We record the above submission made by the learned Government Pleader and close the writ petition, as we do not find any harassment by police.
Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt