RAJEESH M R Vs. SUPERINTENDENT OF POLICE CBCID

JUDGEMENT

(1.) THE petitioner has come to this Court complaining of harassment by the police. A crime of murder was committed in 2000, ie. on 10.10.2000. THE petitioner has been arrayed as the 1st accused in that crime. THE petitioner is already on bail. It is not disputed that the order granting bail obliges the petitioner to appear before the Investigating Officer as and when directed. According to the petitioner, unnecessary harassment and vexation is directed against the petitioner by the police. It is, in these circumstances, that the petitioner has come to this Court with this petition claiming issue of directions under Article 226 of the Constitution to avoid the vexatious and harassing action on the part of the police.

(2.) NOTICE was given to the learned Government Pleader. The learned Government Pleader after taking instructions submits that it is true that because of the peculiar circumstances of this case final report could not be filed till now. The petitioner is the 1st accused. The police do want to question him further. But he is not making himself available for service of notice/summons on him. The petitioner is bound to appear before the police as and when directed. He is obliged to do so under the order granting bail. Since the petitioner is making himself scarce, the police have been attempting to trace him. Every bona fide and legal effort made by the police cannot be termed as vexation and no directions are liable to be issued under Article 226 of the Constitution against the police for their legal and justifiable conduct. The petitioner may be directed to appear before the police on any specified date and later as and when directed by the police so long as the condition in the bail order is not modified.