Title: JAGADEESH.P v. STATE OF KERALA & OTHERS
Decided on: 20th October 2023
WP(C) NO. 34594 OF 2023 (Y)
Coram: HON’BLE MR. JUSTICE N.NAGARESH
Introduction
Kerala High Court directed the police officers not to harass the petitioner upon a petition of the aggrieved petitioner. Also the presence of the petitioner should be ensured only after issuing a notice as per the order.
Facts of the Case
The petitioner has alleged that he and his wife were molested and brutally beaten by the police of feroke police station. Firstly, on October 1st 2023 while the petitioner returned from police station in car driven by his wife and he was discussing with his client in car, the client’s mother & brothers shouted at the petitioner and his wife proceeding to assault her. Police alleged that they were creating a riot on public road and manhandled petitioner and his wife. Petitioner was granted bail the very next day after he was taken to feroke police station. Two false FIRs were instituted against him and his wife had filed a complaint before city police commissioner and station house officer to take quick action. Secondly, when the petitioner took his dog for walk in the midnight of 9th october 2023, he was lathi charged and verbally abused by sub inspector. Apprehending further physical assault from them a petition was filed by the petitioner seeking relief from police manhandling.
Court Analysis and Decision
The court directed the Government Pleader to take notice for respondents 1 to 7 (senior police officials) and issue urgent notice by speed post to respondents 8 to 10 (sub-inspector and civil police officers). Considering the facts of the case, there was an interim order directing the police officers not to harass the petitioner pending disposal of the writ petition. If the presence of the petitioner is required in connection with any crime, the presence should be ensured only after issuing a notice.
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Written by- K R Bhuvanashri
