Ravunni Nair and Gourikutty Amma Nair vs The Superintendent of Police, The Deputy Superintendent of Police and M.K. Shaji, Sub Inspector of Police

K.M. Joseph, J.—The allegations in this writ petition in brief are as follows:

Petitioners are husband and wife. The Ist petitioner is aged 84 years and the 2nd petitioner is aged 72 years. They are residing with their daughter and her children at Tirur in Malappuram District. It is stated that petitioners'' younger son Sri. Surendran was the Manager of a financial company. It was closed after siphoning off huge amounts from different investors. Some of them approached this Court and criminal cases have been filed including u/s 138 of the Negotiable Instruments Act. The owners are still absconding. Considering all these aspects the Court granted anticipatory bail to their son in cases five in number. Petitioner (Learned counsel for the petitioner submits petitioners'' son) was directed to appear for questioning before the investigating officer. Ext.P1 is the certificate. The further complaint of the petitioners in short is that in the intervening night of 14.7.2010 and 15.7.2010 five identifiable policemen who were in uniform under the leadership of the 3rd respondent came to the house of the petitioners by jumping over the compound wall of the house as the gate was locked and created horrifying scene asking for the son of the petitioners.

We heard the learned counsel for the petitioners and also the learned Government Pleader. Learned counsel for the petitioners submits that in all the cases petitioners'' son has surrendered and was enlarged on bail. Learned Government Pleader pointed out that in respect of LP NO. 64/2010 on the file of the Special Judicial First Class Magistrate Court (Marad Cases), Kozhikode there is no surrender and the warrant has not been executed. The son of the petitioners has not surrendered.

We called for a report from the Special Judicial First Class Magistrate (Marad Cases), Kozhikode. The report given by the Court through the Junior Superintendent after verification is to the effect that the son of the petitioners has not surrendered before the Court till now.

Learned Government Pleader would submit that petitioners were advised several times to ask their son to appear before the Court. It is submitted that the warrant will be executed in accordance with law. We record the submission of the learned Government Pleader and leave the petitioners, if they are so advised, to take appropriate proceedings against any officer who they feel has violated the law.