Police Cannot Enter Homes of Suspects at Odd Hours in the Name of Surveillance : Kerala High Court

The Kerala High Court held that police cannot intrude into a person’s residence at odd hours under the pretext of surveillance, reaffirming that such acts violate the right to privacy under Article 21 of the Constitution.

The Court stated that even history sheeters enjoy constitutional protections, and Kerala Police Manual allows only 'informal watching' or 'close watch,' not midnight doorstep confrontations .

The petitioner, who was previously acquitted in a POCSO case, faced a 1:30 am police visit, alleged harassment, and retaliatory action.

The Court ruled that such conduct lacked lawful authority under Section 39 of the Kerala Police Act and quashed the criminal proceedings initiated against him. (Prasath C v. State of Kerala & Anr.)