The Kerala High Court has declared that police authorities have no right to enter the residence of a history-sheeter or suspect during the night under the pretext of surveillance. The decision came while allowing a criminal petition filed by a man named Prasath C, who challenged an FIR registered against him under Section 117(e) of the Kerala Police Act, 2011.
Justice V.G. Arun, who delivered the ruling, emphasized the sanctity and dignity of one’s home, stating:
“Every man's house is his castle or temple, the sanctity of which cannot be vilified by knocking on the door at odd hours.”
The petitioner, previously acquitted in a false POCSO case, alleged that the police were harassing him in retaliation for his complaint to higher authorities. On the night of April 3, 2025, around 1:30 AM, the police came to his house as part of a night check on ‘Rowdy History Sheeters’. When he refused to come out and allegedly confronted the police, an FIR was lodged.
The Court referred to Paragraph 265 of the Kerala Police Manual, which only allows ‘informal’ or ‘close’ watch of individuals with criminal backgrounds, depending on their activities. Nowhere does it authorize night-time domicile visits.
“Under the guise of surveillance, the police cannot knock on the doors or barge into the houses of history sheeters,” the Court firmly observed.
Read Also:- Delhi High Court Upholds DCF Method for Valuation of Unquoted Equity Shares under Income Tax Rules
Justice Arun cited the Supreme Court’s ruling in Kharak Singh v. State of U.P. (1962), where midnight police visits were declared unconstitutional, and in the later K.S. Puttaswamy v. Union of India (2017) case, which recognized the right to privacy as a fundamental right.
Quoting the Puttaswamy judgment:
“Privacy includes at its core the preservation of personal intimacies… the home and sexual orientation. Privacy also connotes a right to be left alone.”
Read also:- Supreme Court stays arrest of Wajahat Khan in FIRs lodged outside West Bengal over social media posts
Furthermore, the Court clarified that such night-time intrusions cannot be categorized as ‘lawful directions’ under Section 39 of the Kerala Police Act.
“Knocking on the doors of a history sheeter at midnight and demanding him to come out of the house cannot by any stretch of imagination be termed as a lawful direction,” the Court stated.
Thus, the High Court ruled that the FIR registered against Prasath C under Section 117(e) was invalid, and all related proceedings were quashed.
Case Title: Prasath C. v. State of Kerala & Anr.
Case No.: Crl.M.C. No. 3751 of 2025
Petitioner’s Counsel: Ashik K. Mohamed Ali & team
Respondents’ Counsel: M.C. Ashi, Sr. Public Prosecutor
