PRASATH C. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.267 of 2025 registered at the Thoppumpady Police Station for the offence under Sec. 117(e) of the Kerala Police Act, 2011.

(2.) The petitioner's version of the incident and the reasons behind registration of the crime are as under;

(3.) Learned counsel for the petitioner contended that the police have no right to intrude into a citizen's privacy at midnight. It is submitted that the general instructions regarding surveillance contained in Paragraph 265 of the Kerala Police Manual permits only 'informal watch' over the activities of history sheeters and 'close watch', if the individual is leading a criminal existence. According to the counsel, the petitioner is not a history sheeter and even if so, the police have no authority to make domicile visits at night. Reference is made to the decision in Kharak Singh v. State of U.P. and Others [1962 SCC OnLine SC 10], to point out that the Apex Court had set aside the provision in the U.P. Police Regulations authorising domicile visits, finding the provision to be violative of the freedom and liberty guaranteed under Articles 19 and 21 of the Constitution of lndia. As the visit by the police personnel to the petitioner's residence at midnight and the direction requiring him to come out of the house are not part of their official duties, the offence under Sec. 117(e) of the Kerala Police Act is not attracted.