LAWS(KER)-2016-8-204

ABDUL GAFOOR, S/O. KUNHUMUHAMMED, AGED 36 YEARS, PUTHUR HOUSE, PERINTHALMANNA, MALAPPURAM DISTRICT Vs. THE CIRCLE INSPECTOR OF POLICE, CHERPULASSERY, PALAKKAD DISTRICT

Decided On August 31, 2016
Abdul Gafoor, S/O. Kunhumuhammed, Aged 36 Years, Puthur House, Perinthalmanna, Malappuram District Appellant
V/S
The Circle Inspector Of Police, Cherpulassery, Palakkad District Respondents

JUDGEMENT

(1.) The petitioner, in the writ petition, stated that he is residing with his wife, children, brothers, their wives and children. The petitioner apprehends that his elder brother Shamshudheen is an accused in a criminal case, which is being investigated by the first respondent.

(2.) It is alleged that on 20.8.2016, at about 6.30 p.m., the first respondent came to the petitioner's residential house for enquiring about Shamshudheen and his whereabouts. The petitioner explained that he was not aware of Shamshudheen's whereabouts. The first respondent threatened the petitioner with dire consequences, if the petitioner did not disclose the details. The petitioner was manhandled by the first respondent. The petitioner sustained injuries and he was admitted in a hospital for treatment and he was discharged on 22.8.2016. On 22.8.2016, the first respondent came to the petitioner's residence during night and threatened the inmates with dire consequences. The wife of the petitioner's younger brother fell unconscious on seeing the police. The first respondent and the police officials used to the come to the residential house of the petitioner every now and then and that too, during night, under the guise of investigation of the crime against Shamshudheen, the brother of the petitioner.

(3.) The learned Government Pleader, on instructions, submitted that one Athira belonging to Cheruplassery was found missing. A Habeas Corpus writ petition for production of Athira was filed by her parents before this Court. Athira voluntary appeared before this Court. She was sent to a hostel for quite a few days. Later, she appeared before Court and stated that she wished to go with her parents. Accordingly, this Court allowed her to go with her parents.