IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(Crl.).No. 100 of 2009(S) --------------------------- PETITIONER: --------------- V.NAZEER, AGED 43 YEARS, S/O.V.BASHA, (VALAPPILAKATH), NAJILA MANZIL, CHAKKUTTIPURAYIL, PERUVAYAL AMSOM AND DESOM, PERINGOLAM, KOZHIKODE. BY ADV. SRI.MANJERI SUNDERRAJ SMT.SUSAN JACOB SMT.K.K.PREETHA SRI.MANJERI SUBIN SUNDER RAJ RESPONDENTS: --------------- 1. THE SECRETARY TO GOVERNMENT, HOME MINISTRY, GOVERNMENT OF KERALA, TRIVANDRUM, REP. BY GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM. 2. DIRECTOR GENERAL OF POLICE, KERALA POLICE, POLICE HEAD QUARTERS, TRIVANDRUM. 3. SUPERINTENDENT OF POLICE, KOZHIKODE (RURAL), SP'S OFFICE, VATAKARA, KOZHIKODE. 4. STATION HOUSE OFFICER, KUNNAMANGALAM POLICE STATION, KUNNAMANGALAM,KOZHIKODE DISTRICT. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOGRAPHS OF THE PETITIONER, WIFE AND THREE CHILDREN. EXT.P2 COPY OF JENM ASSIGNMENT DEED DOC.NO.2419/02 EXECUTED BY VELAYUDHAN AND OTHERS IN FAVOUR OF V. NAZEER AND M.S. NISHATH. EXT.P3 COPY OF LETTER LEFT BY WIFE OF PETITIONER. EXT.P4 COPY OF LETTER LEFT BY WIFE OF PETITIONER. EXT.P5 COPY OF PETITION BY PETITIONER ABOUT THE MISSING OF WIFE. EXT.P6 COPY OF CRIME/FIR NO.101 DTD 20/02/2009 OF KUNNAMANGALAM POLICE STATION. EXT.P7 COPY OF COMPLAINT BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, KUNNAMANGALAM. EXT.P8 COPY OF UNDERTAKING BY THE WIFE OF THE PETITIONER PREVIOUSLY. /TRUE COPY/ cl A.K.BASHEER & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(CRL)No.100 OF 2009-S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of March, 2009 JUDGMENT Basheer, J: Ms. Nishath, the wife of the petitioner, is present in court today. 2. Learned Government Pleader informs us that she had appeared in Kunnamangalam police station late in the night on March 26, 2009. She was produced before the Judicial Magistrate of First Class, Kunnamangalam on the next day, March 27, 2009. As directed by the learned Magistrate, she has now been produced before this Court. 3. Ms. Nishath states before us that she had left her matrimonial home on her own free will. She does not intend to go and live with her husband and three children. She states that she has not been under any kind of illegal detention or confinement as alleged. 4. Apparently the alleged detenu is a grown up and mature woman aged 28 years. She is capable of taking her own decision. In that view of the matter we do not deem it necessary to pass any further orders in the writ petition. Ms. Nishath is at liberty to take her own decision. The writ petition is closed. (A.K.BASHEER, JUDGE) (P. BHAVADASAN, JUDGE). 2 W.P.(Crl)No.100/09 cl