IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(Crl.).No. 37 of 2008(S) -------------------------- PETITIONER: ---------- K.D.RAVINDRANATH, AGED 58, S/O.P.R.DAMODARAN NAIR, NADUVELIZHATHU CHIRAYIL, VADAYAR P.O., THALAYOLAPARAMBU, VAIKKOM TALUK, NOW RESIDING AT SREEHARI, 33/3311-A, VENNALA P.O., PALARIVATTOM, KOCHI-28. BY ADV. SRI.JOSHY THOMAS RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY ITS HOME SECRETARY, GOVT. OF KERALA,THIRUVANANTHAPURAM 2. DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD. 3. THE DEPUTY SUPERINTENDENT OF POLICE (RAILWAYS), PALAKKAD. 4. DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, PALAKKAD. 5. ASST.OPERATIONS MANAGER, INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD., SALIH ARCADE, NEAR PUBLIC LIBRARY, CONVENT ROAD, KOCHI 682035. 6. MURALI, REPRESENTING NON-VEGETARIAN REFRESHMENT ROOM, SOUTHERN RAILWAY, SHORNUR. 7. MANAGER (NAME NOT KNOWN) REPRESENTING NON-VEGETARIAN REFRESHMENT ROOM, SOUTHERN RAILWAY, PALAKKAD. R4 BY ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS R5 SRI.M.C.CHERIAN,SC,RAILWAY CATERING R1 TO R3 GOVERNMENT PLEADER SRI C.M.KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL).NO.37/08 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE PHOTOSTAT COPY OF THE NOTICE ISSUED BY THE LEARNED J.F.C.M. COURT, ERATTUPETTA, UNDER SECTION 446 OF CR.P.C. DATED 4/1/2008. EXT.P2 TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE 2ND RESPONDENT BY THE PETITIONER DTD. 25/1/2008. EXT.P3 TRUE COPY OF THE RECEIPT ISSUED BY THE DEPUTY SUPERINTENDENT OF POLICE, PALAKKAD NO.11/08 DATED 30/1/2008. P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- W.P.(Crl)NO.37 OF 2008 -------------------------------- Dated this the 7th day of April, 2008 JUDGMENT Raman, J. This is a case of a surety in a bailbond, who alleges that the accused is under the illegal custody. We had passed an order on 22nd February, 2008 directing to find out the whereabouts of the alleged detenu. The alleged detenu, who is a person aged 82 years, appeared before us. He submitted that he is a free person and is not under the illegal custody of anybody. Counsel for the petitioner submitted that he is not pressing this writ petition. Since the alleged detenu has already appeared before us and stated that he is not under the illegal custody, this habeas corpus writ petition is closed. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv. -2- WP(Crl).No.37/2008 -3- WP(Crl).No.37/2008 P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- W.P.(Crl)NO.37 OF 2008 -------------------------------- Dated this the 22nd day of February, 2008 O R D E R Raman, J. Ext.P2 is a complaint made by the petitioner, who is a surety for the accused in C.C.No.430/2002, which was a case pending before the Judicial Magistrate of First Class, Erattupetta. It is the case of the -4- WP(Crl).No.37/2008 petitioner that the accused was convicted in the said case and an appeal therefrom is also dismissed; but he has not surrendered since he is under the illegal custody. Petitioner states that the accused is holding a catering licence and therefore it would have been easy for the police to search and find out the accused. Even though he had made Ext.P2 complaint before the Superintendent of Police, Palakkad, no steps are taken. 2. We have heard the learned Government Pleader also. He states that the accused was convicted as early as on 2004 and he was released on bail while the matter was pending in appeal. Thereafter, even though he was convicted, he could not be found out. In the circumstances, we direct the Superintendent of Police, Palakkad to consider Ext.P2 complaint filed by the petitioner before him and take such steps as is required under law for finding out the whereabouts of the accused, who is alleged to be under the illegal custody and produce before the concerned Magistrate's Court. In case the whereabout of the accused is not traced out as directed above, a report as regards the steps taken shall be filed. Post after three weeks. P.R.RAMAN, -5- WP(Crl).No.37/2008 Judge. V.K.MOHANAN, Judge. kcv.