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2017 Supreme(Online)(KER) 9465
HIGH COURT OF KERALA
P.N.RAVINDRAN, P.SOMARAJAN, JJ
EMILY THOMAS – Appellant
Versus
PRATHEESH RAJ – Respondent
WRIT PETITION (CIVIL) 8377/2017
Law enforcement must adhere to legal protocols in investigations, ensuring individuals are not subjected to harassment without lawful justification.
Headnote:
Harassment - Writ Petition - Code of Criminal Procedure - Sections 160 - The court directed the respondents not to harass the petitioner, emphasizing the need for lawful procedure in criminal investigations as per Section 160.
Fact of the Case:
The petitioner, a senior citizen, sought protection against harassment by respondents linked to her daughter, an accused in a criminal case. She claimed they verbally abused her and interfered with her peace.
Finding of the Court:
The court noted that the petitioner was not an accused in the criminal case and found no basis for the harassment claims. The court affirmed that police must follow lawful procedures when investigating.
Issues: Whether the respondents had the right to harass the petitioner in connection with a criminal investigation concerning her daughter.
Ratio Decidendi: The court held that harassment of the petitioner was unjustified given her non-involvement in the criminal case, and any necessary police action must comply with legal protocols.
Final Decision: The writ petition was disposed of with a directive to respondents to refrain from harassing the petitioner.
JUDGMENT
P.N.Ravindran, J.
The petitioner, a senior citizen aged 74 years, has filed this writ petition praying for an order directing respondents 3 to 6 not to harass her. It is stated that on 8.3.2017 respondents 5 and 6 came to the residence of the petitioner and verbally abused her. The words uttered by them are set out in paragraph 4 of the writ petition. The petitioner has also referred to the fact that her daughter along with one Jophy Kuruvila is the accused in Crime No.541 of 2016 of Chingavanam police station and her daughter has moved this court for grant of bail. The third respondent has filed a statement dated 28.3.2017. Apart from denying the averments in paragraph 4 of the writ petition, third respondent has also stated that Jophy Kuruvila, one of the accused in Crime No.541 of 2016 of Chingavanam police station, used to visit the petitioner’s house. It is also stated that Jophy Kuruvila is in constant contact with the petitioner’s daughter Roshni who is residing along with her.
2. The respondents have no case that the petitioner is an accused in Crime No.541/2016 of Chingavanam police station. The petitioner’s daughter Roshni is the fourth accused in Crime No.541/2016 of Chingavanam police station. Ext.P2 order discloses that she has been granted bail by this court on 14.2.2017 subject to the conditions stipulated therein, which inter alia include surrender of her passport, if she has one, or to file an affidavit to the effect that she has no passport, within five days of her release. If, as stated by the learned Government Pleader during the course of arguments, the petitioner’s daughter has got a passport but she has not surrendered it or has not filed an affidavit stating that she does not possess a passport, the remedy of the prosecution lies elsewhere. Having regard to the materials presently on record, we find no reason or justification on the part of the respondents to go over to the petitioner’s residence or subject her to any sort of harassment. If in connection with the investigation of Crime No.541 of 2016 of Chingavanam police station the statement of the petitioner is to be recorded, it will be open to the police to issue notice to her in writing as provided in Section 160 of the Code of Criminal Procedure .
We accordingly dispose of the writ petition with a direction to the respondents to refrain them from harassing the writ petitioner. No doubt, it will be open to the police to issue notice to her under Section 160 of the Code of Criminal Procedure , if it is necessary to record her statement in connection with the investigation of Crime No.541 of 2016 of Chingavanam police station.
P.N. Ravindran Judge P. Somarajan Judge ahz/
