The investigation of a suspect by police is not harassment if conducted in compliance with legal procedures.

JUDGMENT

The petitioner seeks a direction that he and his family members shall not be harassed, and that all actions be taken, strictly in compliance with the prescribed procedural requirements, and that no entry be made into his residence after sunset without adhering to the mandatory procedures established by law.

2. According to the petitioner, he is an entrepreneur, who is facing repeated harassment from the police without any basis. The petitioner alleges that he and his friends had actually participated in the local authorities election, that too against the ruling party, which has invited enmity and vengeance with various persons, including the police, as a result of which, he is being constantly harassed.

3. The learned Government Pleader, upon instructions, submitted that the petitioner is a suspect in a crime, and that the police have never harassed him. It was submitted that, since he has been absconding, they have not even been able to serve notice and that there are serious allegations against the accused relating to a crime. The learned Government Pleader further submitted that the petitioner is suspected of harboring individuals already named as accused in the crime; and consequently, any action taken by the police against the petitioner in the course of the investigation cannot be regarded as harassment.

4. Heard Sri.Peeyus A.Kottam, the learned counsel for the petitioner as well as Sri.Rajeev Jyothish George, the learned Government Pleader.

5. The petitioner is a suspect in a crime. The investigation conducted by the police into a crime cannot be termed as harassment. However, if the petitioner is required for any investigative purposes, the police have to issue a notice in accordance with Section 35 of the Bharatiya Nagarik Suraksha Sanhita , 2023. Repeated visits to the petitioner’s residence that too, after sunset cannot be legally permitted, in the absence of compliance with the prescribed legal procedures.

In view of the above, there will be a direction to the respondents to issue notice under Section 35 , to the petitioner if he is wanted for the purpose of investigating into any crime.

This writ petition is disposed of as above.

Sd/-