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 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(Crl.).No. 340 of 2009(S) --------------------------- PETITIONER: --------------- ANJALI, W/O.KRISHNA MOORTHY @ RAJU AGED 32 YEARS, KALKI NAGAR, PONDICHERRY. BY ADV. SRI.CIBI THOMAS RESPONDENT: ------------------- 1. DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM. 2. STATE OF KERALA REP BY THE SECRETARY DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.340 OF 2009 ----------------------------------------------------- DATED THIS THE 27th DAY OF AUGUST, 2009 J U D G M E N T Basant, J. The petitioner is the wife of Krishnamoorthy @ Raju and she has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce her husband. According to her, on 9.8.2009 the Karnataka police had taken the alleged detenu into custody and with the active connivance of the Tamil Nadu and Kerala Police, the said Krishnamoorthy was being held in illegal custody. She therefore has moved all the three High Courts for issue of a writ of habeas corpus, it is submitted. 2. This petition was filed on 20.8.2009. It was admitted on 21.8.2009. Notice was ordered to both respondents, i.e., the Director General of Police, Trivandrum and State of Kerala. The learned Government Pleader took notice on behalf of respondents 1 and 2 and the case was posted to this day from 21.8.2009. W.P.(Crl.)No.340/09 -2- 3. Today, when the matter came up for hearing, the learned Government Pleader submits that after taking notice, information was called for from all the police establishments and it has now come to the knowledge of the respondents that the alleged detenu Krishnamoorthy, the husband of the petitioner was arrested on 22.8.2009 at 4AM at Chalai, Kannur in connection with what is known as 'Periya Bank Robbery Case', i.e., Crime No.221/09 of Bekkal Police Station. It is submitted by the learned Government Pleader that the arrest was effected in accordance with law and observing all the requisite legal procedure. The husband of the petitioner, after arrest, was produced before the learned Magistrate having jurisdiction. He was initially remanded to judicial custody and subsequently, he has been handed over to police custody till 5.9.2009. In these circumstances, there is absolutely no necessity to issue any further directions in the matter, submits the learned Government Pleader. 4. The learned counsel for the petitioner refuted the assertion that the husband of the petitioner was taken into W.P.(Crl.)No.340/09 -3- custody only on 22.8.2009. It is the case of the petitioner that her husband was arrested long prior to 22.8.2009 and was kept in illegal custody. 5. We are now satisfied that the petitioner's husband has been arrested and produced before the Magistrate having jurisdiction. From 22.8.2009, he is admitted to be in custody in connection with the above said crime. We are satisfied that no further directions are necessary in this Writ Petition and this Writ Petition can be dismissed,without prejudice to the rights of the petitioner or the said detenu to raise their grievances before appropriate authorities about the alleged illegal detention prior to formal arrest and the alleged non-compliance of the stipulations of law to be observed at the time of arrest. 6. This Writ Petition is accordingly dismissed. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn