Police Can’t Conduct Odd-Hours Home Raids in Name of Surveillance, Even For History-Sheeters: Kerala High Court

The Kerala High Court recently quashed an FIR registered against Kochi resident Prasath C, observing that police cannot knock on citizens’ doors at midnight under the pretext of surveillance—even if they are listed as history sheeters.

"Every man's house is his castle or temple, the sanctity of which cannot be vilified by knocking on the door at odd hours," said the bench of Justice V.G. Arun.

Court was hearing a petition filed by Prasath, a 47-year-old man who had been booked under Section 117(e) of the Kerala Police Act. The case was based on an incident on April 3, 2025, when police officials, during a late-night check, visited his residence around 1:30 AM. According to police, Prasath refused to cooperate, did not open doors, hurled abuses, and intimidated officers.

Rejecting these claims, the single judge bench pointed out that such visits have no basis in law. It warned that the sanctity of a person's home cannot be violated by police knocking at odd hours.

"The officers should understand that the concept of home transcends its physical manifestation as a dwelling and encompasses a rich tapestry of existential, emotional and social dimensions," court said.

The petitioner argued that the midnight visit was a form of continued harassment. He had previously been acquitted in a POCSO case which he claimed was fabricated. Following his complaints to the State Police Chief, he alleged that the police began targeting him with false cases, including the one under question. On the night in question, he received a call asking him to come outside his home. Though he complied initially, he found no one present. He later received another call asking him to report to the police station, where he claims he was tortured.

Court found that the visit was neither part of lawful surveillance nor a justified official duty. Referring to Paragraph 265 of the Kerala Police Manual, the judge noted that even for history sheeters, only ‘informal’ or ‘close’ watch is permitted—none of which authorizes domiciliary visits at night.

Relying on constitutional protections and precedent, including the landmark K.S. Puttaswamy verdict, the court emphasized that the right to privacy is fundamental and cannot be overridden without legal justification.

The high court also highlighted that a directive under Section 39 of the Kerala Police Act must be a “lawful direction.” The midnight knock, in this case, did not qualify as one.

"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 concluded.

Consequently, the FIR and all further proceedings in the case were quashed.

Case Title: Prasath C vs State of Kerala and Another

Download order here