IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WP(Crl.).No. 259 of 2009(S) ------------------------------------------------- PETITIONER(S): --------------------- 1. SMT.FOUZIA, AGED 42 YEARS, RESIDING IN MIZIRIYA MANZIL (KAPPANA HOUSE), CITIZEN NAGAR, THYVALAPPU, POST ALAMBADY, VIA-CHENGALA, KASARGODE DISTRICT, PIN-671 123. 2. SRI.MAMMU CHALA, PRESIDENT-JANAKEEYA NEETHI VEDI (FOR REGISTRATION APPLIED) S/O.SULAIMAN, AGED 36 YEARS, MUNICIPAL COUNCILLOR, CHALA, KASARGODE DISTRICT, PIN-671 123. 3. SMT.A.VIJAYALAKSHMI, SECRETARY- JANAKEEYA NEETHI VEDI (FOR REGISTRATION APPLIED) AGED 36 YEARS, W/O.RADHAKRISHNAN KADAMBANCHAL HOUSE, POST PANAYAL, VIA BEKKAL, KASARGODE DISTRICT, PIN-671 318. BY ADV. SRI.K.P.RAMACHANDRAN SRI.T.NIKLAVU RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY SECRETARY (HOME), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT SUPERINTENDENT OF POLICE, KASARGODE. 4. THE CIRCLE INSPECTOR OF POLICE, KASARGODE POLICE STATION, KASARGODE. W.P.(CRL).NO.259 OF 2009 S 5. THE SUB INSPECTOR OF POLICE, KASARGODE POLICE STATION, KASARGODE. ADDL.R6 JOINT DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, CHENNAI. ADDL.R7 SUPERINTENDENT, CENTRAL BUREAU OF INVESTIGATION - COCHIN UNIT, KATHRIKKADAVU ROAD, COCHIN. (ADDL. RESPONDENTS 6 AND 7 ARE IMPLEADED AS PER ORDER DATED 7.1.2010 IN I.A.NO.216/2010 IN W.P.(CRL).NO.259/2009). R1 TO R5 BY GOVERNMENT PLEADER SRI. P.N.SUKUMARAN. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR ADDL.R6,7 SMT.K.V.BHADRA KUMARI THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(CRL).NO.259 OF 2009 S PETITIONERS' EXHIBITS: EXT.P1 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 28.05.2009 SUBMITTED BY THE WRIT PETITIONER NO.1 BEFORE THE JANAKEEYA NEETHI VEDI, KASARGODE. EXT.P2 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 10.12.2009 OF THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH-CID- KASARGODE. EXT.P3 PHOTO COPY OF THE NEWS REPORTED IN THE MALAYALA MANORAMA DAILY DATED 11.01.2010, JANAYUGAM DAILY DATED 11.01.2010, KERALA KAUMUDI DAILY DATED 11.01.2010, RASHTRA DEEPIKA DAILY DATED 11.01.2010, DEEPIKA DAILY DATED 11.01.2010 AND IN MANGALAM DAILY DATED 11.01.2010. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(CRL). NO. 259 OF 2009 S --------------------------------------------------- Dated this the 8th February, 2010 JUDGMENT K.M. Joseph, J. The Writ Petition is filed seeking a writ of habeas corpus or other appropriate writ, order or direction commanding respondents 3 to 5 to produce Riyana, the daughter of petitioner No.1 before this Court. 2. Various orders have been passed in this case. The alleged detenu was traced out. The child was sent for treatment in a Hospital at Kozhikode and she has been discharged and she is produced before us. We interacted with her. At the request of the learned counsel for the petitioners, we also arranged for a medical examination at the General Hospital, Ernakulam. The Doctors have sent a Report which we have perused. We would think that in the circumstances of the case, it may not be necessary to keep this Writ Petition pending any longer. The first petitioner is the mother of the alleged detenu. She WP(CRL).NO.259 OF 2009 S 2 expressed her willingness to take the child with her and she has stated that she will continue to provide the medication prescribed, and that she will otherwise take care of the child. In such circumstances, the Writ Petition is disposed of by entrusting the alleged detenu with the mother. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge