XAVIER @ KUNJUMON, GED 37 YEARS v. STATE OF KERAL

BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SMT.S.A.SHERLY SMT.SAJITHA GEORGE RESPONDENTS: -------------

#1. STATE OF KERAL REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

#2. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM.

#3. COMMISSIONER OF POLICE, COCHIN CITY, ERNAKULM.

#4. JAYAKRISHNAN, SUB INSPECTOR OF POLICE, ERNAKULM TOWN NORTH POLICE STATION ERNKULM. BY GOVERNMENT PLEADER MR.P.A.SALIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 16354/08 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 TRUE COPY OF THE REGISTRATION CERTIFICATE TRUE COPY PA TO JUDGE K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. -------------------------------------------------------------------------------- Writ Petition (C) No.16354 of 2008-V -------------------------------------------------------------------------------- Judgment Balakrishnan Nair, J. The petitioner has approached this court, alleging harassment from the part of the 4th respondent. He submits, while he was riding a motor bike on

28.05.2008, at 8.30 pm, he was stopped by the 4th respondent at Vaduthala. He answered all questions put by the said Officer. But, alleging that he did not show proper respect to the said respondent, he was brutally man-handled and he was hit, on his chest, using a brick. So, he made his escape, leaving the bike there. The police took the vehicle to the police station. The petitioner apprehends, he will be manhandled by the police, if he goes to the police station to get the vehicle released. In the above background, this Writ Petition is filed, seeking the following reliefs : “i. issue a writ of mandamus or other appropriate writ or order, directing respondent Nos.1 to 3 to conduct an enquiry regarding the subject matter of the Writ Petition. ii. issue a writ of mandamus or other appropriate writ or order directing respondent Nos.3 and 4 to release the vehicle and bag containing documents to the petitioner. iii. Issue a writ of mandamus or other appropriate writ or order directing the 4th respondent not to harass the petitioner in connection with the incident on 28.05.2008.” WPC 16354/08 2

#2. The 4th respondent has filed a statement, denying all the allegations of the petitioner. He submits that he has not even seen the petitioner on the said date. The vehicle was found deserted at Vaduthala Petrol Pump and it was taken to the police station. Though the address of the owner of the vehicle was traced, the owner could not be traced. The petitioner has filed a reply affidavit, producing the photocopy of the registration certificate of the vehicle, which would show that presently, he is the owner of the vehicle.

#3. The police shall release the vehicle to the registered owner or produce it before the concerned Magistrate's court. If the petitioner's presence is required in connection with any enquiry, he shall be served with a notice in accordance with law for appearing before the police. If the petitioner is aggrieved by the conduct of the 4th respondent, he may move the superior officers of the police. In that event, the said officers shall appropriately look into the same. The Writ Petition is disposed of as above.

16.06.2008 K.BALAKRISHNAN NAIR,JUDGE M.C.HARI RANI, JUDGE WPC 16354/08 3 WPC 16354/08 4