IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WP(Crl.).No. 12 of 2010(S) -------------------------- PETITIONER(S): --------------- JOHNY, AGED 35 YEARS S/O.THANKAI, "SARATHA NILAYAM",KADUKKAMALA, KURIYACODE.PO, THIRUVANANTHAPURAM. BY ADV. SRI.B.HARISH KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT HOME DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE KOLLAM. 3. THE SUB INSPECTOR OF POLICE KILIKOLLOOR POLICE STATION, KILIKOLLOOR. KOLLAM 4. THE SUB INSPECTOR OF POLICE MUSEUM POLICE STATION, MUSEUM, THIRUVANANTHAPURAM. GOVT. PLEADER SRI.P.N.SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - W.P.(Crl) No.12 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of January, 2010 JUDGMENT Joseph, J. Petitioner has approached this court seeking a writ of Habeas Corpus commanding the respondents to produce the body of Binu Kumar, the alleged detenu. Sri.Binu Kumar is alleged to be the brother of the petitioner. The allegation is that third respondent along with fourth respondent forcibly took the petitioner's brother into custody along with the vehicle which was being driven by his brother who is a driver by profession. It is further stated that petitioner came to know about the information from the marriage party visited the museum along with the petitioner's brother. It is further stated that on the same day i.e. on 6-1-2010 at 5.30 PM petitioner's brother called through his mobile phone 9995511243 his brother-in-law in his mobile phone 9447310539 and intimated that the police officers are demanding bribe of Rs. 1 lakh for not implicating him in a criminal case. It is further alleged that the petitioner's brother's mobile was immediately switched WPC(Crl)No.12/2010 2 off after the intimation and there is no response. 2. We directed the learned Government Pleader to get instructions. Learned Government Pleader on instructions submitted that Sub Inspector of Kundara police station arrested the petitioner's brother on 09/01/2010 and he was produced before the Magistrate on 10/01/2010 and he has been remanded to judicial custody. 3. Learned counsel for the petitioner submits that there is violation of law laid down by the Apex Court in D.K.Basu v. Sate of West Bengal (1997(1) SCC 416). In view of the submission of the learned Government Pleader regarding the arrest, production of the alleged detenu before the Magistrate and remand, we close this writ petition. However we make it clear that this will be without prejudice to the remedies open to the party available in law including for any transgression of the law laid down by the Apex Court in D.K.Basu's case. K.M.JOSEPH, JUDGE P.Q.BARKATH ALI, JUDGE sv. WPC(Crl)No.12/2010 2