IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 WP(Crl.).No. 249 of 2010(S) --------------------------- PETITIONER(S): --------------- MRS.AFSATH.A.P,AGED 33 YEARS, D/O.MOHAMMED,AMBALAPARAMBAN HOUSE,CHEMBRASSERY.PO, MALAPPURAM(DT.) BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE,OFFICE OF THE SUPERINTENDENT OF POLICE,MALAPPURAM, MALAPPURAM.P.O. 2. CIRCLE INSPECTOR OF POLICE, PERINTHALMANNA,PERINTHALMANNA.P.O, MALAPPURAM. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl) No.249 of 200 ---------------------------------------- Dated this the 1st day of July 2010 J U D G M E N T Basant,J The petitioner, a woman, has come to this Court with the grievance that her brother Basheer, by name, is being illegally detained by the respondents from 24/6/2010. Though he has been taken into custody, he is being detained in illegal custody without producing him before any authority, it was complained. 2. This petition was filed on 28/6/2010. The same was admitted on the same day and notice was given to the learned Government Pleader. 3. Today, the learned Government Pleader reports that the petitioner's brother Basheer was not taken into custody by the police on 24/6/2010; but he was taken into custody by the Nilambur police as an accused in crime No.475/2010 of Nilambur police station. All legal formalities have been observed and the petitioner's brother Basheer has been produced before the learned Judicial First Class Magistrate Court, Nilambur on 30/6/2010. He has been remanded to judicial custody also. The W.P.(Crl) No.249/2010 : 2 : learned Government Pleader further informs the Court that the presence of the petitioner's brother is necessary in several theft cases registered at police stations in Malappuram and neighbouring districts. The necessary steps, in accordance with law, shall be taken, submits the learned Government Pleader. 4. The learned counsel for the petitioner accepts that the brother of the petitioner has been produced before the learned Magistrate on 30/6/2010 and has been remanded to judicial custody. The presence of the alleged detenue having been secured and it having now been admitted that the alleged detenue is in judicial custody atleast from 30/6/2010, we are satisfied that this writ petition need not be further pursued. 5. However, we take note of the submission of the learned counsel for the petitioner that, as a matter of fact, the detenu Basheer was taken into custody on 24/6/2010 and not on 30/6/2010. We do not intend to resolve that controversy. We need only observe that the dismissal of this petition will not, in any way, fetter the rights of the petitioner or Sri.Basheer, her brother to contend before appropriate fora that he was not taken into custody on 30/6/2010; was actually taken into custody on W.P.(Crl) No.249/2010 : 3 : 24/6/2010 and that he was allegedly in illegal custody from 24/6/2010 to 30/6/2010. 6. With the above observations, this writ petition is now dismissed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.(Crl) No.249/2010 : 4 : W.P.(Crl) No.249/2010 : 5 : R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009