IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(Crl.).No. 40 OF 2008(S) PETITIONER: C.MARIYAPPAN, S/O.CHELLAIAH, AGED 51 YEARS, HARIVEEDU, KARIMUTTY, MARAYOOR P.O., PIN-685 620. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS RESPONDENTS: 1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. ASSISTANT SUPERINTENDENT OF POLICE, MUNNAR-685 612. 3. SUB INSPECTOR OF POLICE, MARAYOOR POLICE STATION, MARAYOOR PO-685 620. 4. CHITHAMBARAM, JAYA ILLAM, PUTHACHI VAYAL, MARAYOOR P.O., IDUKKI DISTRICT-685 620. 5. SMT.PUSHPPA, W/O.CHITHAMBARAM, JAYA ILLAM, PUTHACHI VAYAL, MARAYOOR P.O., IDUKKI DISTRICT-685 620. 6. G.JARARAJ, S/O.GOVINDA SWAMI, H.NO.6, CISF-NISA QUARTERS, TYPE H-3, HAKKIMPETTY, ANDHRA PRADESH. 7. MARY, W/O.G.JAYARAJ, H.NO.6, CISF-NISA QUARTERS, TYPE H-3, HAKKIMPETTY, ANDHRA PRADESH. BY ADV. SRI.P.K.SOYUZ FOR R4 TO 7 GOVERNMENT PLEADER SMT. M.K. PUSHPALATHA. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(CRL) 40/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A PHOTOCOPY OF PETITIONER'S IDENTITY CARD ISSUED BY THE GOVERNMENT OF INDIA, DEPARTMENT OF POSTS. EXT.P2 A PHOTOCOPY OF MARRIAGE CERTIFICATE NO. 8/2008 ISSUED BY THE MARRIAGE REGISTRAR, REGISTRATION DEPARTMENT, CHENNAI DATED 3.1.2008. EXT.P3 A PHOTOCOPY OF COMPLAINT DATED 8.1.2008 SUBMITTED BY THE DAUGHTER-IN-LAW OF THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P4 A PHOTOCOPY OF RECEIPT OF REGISTRATION PERTAINING TO THE COMPLAINT LODGED BEFORE THE 2ND RESPONDENT. EXT.P5 A LEGIBLE TYPE WRITTEN COPY OF THE STATEMENT DATED 24.2.2008. EXT.P6 A PHOTOCOPY OF O.P. TICKET NO. 4372 DATED 6.3.2008 ISSUED BY THE MEDICAL OFFICER IN CHARGE OF PUBLIC HEALTH CENTRE, MARAYOOR. EXT.P7 A PHOTOCOPY OF COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICIE, MARAYOOR DATED 6.3.2008. EXT.P8 A PHOTO COPY OF CERTIFICATE OF CLARIFICATION ISSUED BY THE LOCAL PARTY LEADERSHIP DATED 9.6.2008. EXT.P9 A PHOTOCOPY OF DEPOSITION SUBMITTED BY ONE OF THE DETENUE SMT. JAYASREE - THE DAUGHTER OF RESPONDENTS 4 & 5 MADE BEFORE THE JFCM, PEERUMADE. EXT.P10 A PHOTOCOPY OF DEPOSITION OF NARAYANA SWAMY THE OTHER DETENUE MADE BEFORE THE JFMC- PEERUMEDU. RESPONDENTS' EXHIBITS: EXT.R4(a) TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 5TH RESPONDENT DATED 6.3.2008. EXT.R4(b) TRUE COPY OF THE FIR IN CRIME N O. 58 OF THE MARAYOOR POLICE STATION. EXT.R4(C) TRUE COPY OF THE FIR IN CRIME NO. 53 OF 2008 OF MARAYOOR POLICIE STATION. WP(CRL) 40/2008 :2: EXT.R4(d) TRUE COPY OF THE AGREEMENT, WRITTEN IN THAMIL AND SIGNED BY THE PETITIONER AND THE RESPONDENT DATED 21.4.2008. EXT.R4(e) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.R4(d) EXT.R4(f) CERTIFIED COPY OF THE STATEMENT GIVEN BY THE DAUGHTER OF THE RESPONDENT BEFORE THE J.F.M.COURT, DEVIKULAM. EXT.R4(g) CERTIFIED COPY OF THE STATEMENT GIVEN BY THE SON OF THE PETITIONER BEFORE THE J.F.M. COURT, DEVIKULAM. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(CRL) NO. 40/2008 = = = = = = = = = = = = = = DATED THIS, THE 26TH DAY OF JUNE, 2008. J U D G M E N T Raman, J. Petitioner alleges that his son and daughter-in-law are kept under illegal custody by Respondents 4 to 7 who are respectively the father of the girl and their relatives. 2. Statements have been filed by the Sub Inspector of Police, Marayoor as well as by the Assistant Superintendent of Police, Munnar. Since the alleged detenues could not be found out on earlier occasion, some orders were passed by this Court. When the matter came up for consideration today, learned counsel for the petitioner submitted that the detenues have escaped from the illegal custody of the party respondents. This is seriously disputed by Respondents 4 to 7 and the learned counsel for R4 to R7 pointed out that actually, the alleged detenues were under the custody of the petitioner. 3. For the limited purpose of closing this matter, it is not now necessary for us to enter a finding as to whether the detenues were actually under the custody of the party respondents or the petitioner himself has kept WP(CRL) 40/2008 :2: them. Since it is submitted by the petitioner that his grievance is redressed, we close this writ petition leaving open the right of the parties to proceed with the case wherever it is pending. The writ petition is closed. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-