Muhammed Ali Vs State of Kerala

High Court Of Kerala 13 Sep 2010 Writ Petition (C) . No. 28106 of 2010 (K) (2010) 09 KL CK 0387
Bench: Division Bench

Judgement Snapshot

Case Number

Writ Petition (C) . No. 28106 of 2010 (K)

Hon'ble Bench

T.R. Ramachandran Nair, J; K.M. Joseph, J

Advocates

K. Praveen Kumar, for the Appellant; No Appearance, for the Respondent

Judgement Text

Translate:

K.M. Joseph, J.@mdashPetitioner has approached this Court with the following prayers:

a) Issue a writ of mandamus to the respondents not to harass the petitioner for compelling the appearance of his sons allegedly absconding.

b) Declare that the respondents cannot harass the petitioner compelling the appearance of his sons.

2. Briefly put, the case of the petitioner is as follows:

Petitioner is working as a fish merchant and he is residing with his wife and two sons. He is aggrieved by the harassment being caused by the third respondent under the guise of searching for his sons in connection with the hand chopping case of a college Professor. It is stated that the mere fact that the petitioner''s sons are members of the "Popular Front" is not a ground for arresting them for the reason that "Popular Front" is not prohibited in the State or anywhere in the country. Petitioner is not able to carry on his profession, since he is afraid of illegal search being carried on by the police when male members in the house are away. Petitioner made Ext.P1 representation before the second respondent, Director General of Police.

3. Learned Additional DGP would submit as follows:

Petitioner''s sons are accused Nos. 52 and 53 in Crime No. 704/2010 of the Muvattupuzha Police Station. He would submit that investigation as per law only is being done and it is also submitted that still, they are absconding. It is further submitted that investigation as per law only will be carried out and there will be no harassment to the petitioner. We record the said submission and close the Writ Petition.

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