IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 2ND MARCH 2007 / 11TH PHALGUNA 1928 WP(Crl.).No. 40 of 2007(S) -------------------------- PETITIONER: ------------ T.C.SAJITHKUMAR, AYYANADATHPARAMBU, CHULLIYODE ROAD, CIVIL STATION, CALICUT BY ADV. SRI.K.ANAND RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, HEMAMBIKA NAGAR POLICE STATION, PALAKKAD. 3. SIVARAMAN, SREEPATHI, PUTHUPARIYARAM, PALAKKAD. 4. OMANA, W/O.SIVARAMAN, SREEPATHI, PUTHUPARIYARAM, PALAKKAD. 5. VIJITH, S/O.P.K.HARIDASAN, PATHINETTAMKANDATHIL, PARASSERY, KONGAD. R1 AND 2 BY GP SHRI P.A. SALIM R3 TO 5 BY ADV. SRI.P.V.KUNHIKRISHNAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(CRL.) NO.40/2007 - APPENDIX PETITIONER's EXHIBITS: EXT.P1 & P2 - TRUE COPY OF PHOTOGRAPHS. EXT.P3 - TRUE COPY OF MARRIAGE CERTIFICATE NO.109 DATED 9.2.2006 EXT.P4 - TRUE COPY OF THE IA DATED 20.1.2007 BEFORE THE FAMILY COURT, PALAKKAD. EXT.P5 - TRUE COPY OF REPRESENTATION PREFERRED BY THE PETITIONER TO THE SUPERINTENDENT OF POLICE DATED 22.1.2007 EXT.P6 - TRUE COPY OF REPRESENTATION PREFERRED BY THE PETITIONER TO THE SI, HEMAMBIKA POLICE STATION DATED 19.1.2007 RESPONDENTS' EXHIBITS: EXT.R3 (a) - TRUE COPY OF PETITION FILED BY THE 4TH RESPONDENT BEFORE THE JUDL.FIRST CLASS MAGISTRATE'S COURT IV, KOZHIKODE DATED 8.6.2006 EXT.R3 (b) - TRUE COPY OF ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRASTE'S COURT IV, KOZHIKODE IN C.M.P. NO.2462/2006 DATED 14.6.2006 EXT.R3 (c) - TRUE COPY OF DISCHARGE SUMMARY ISSUED FROM THE HOSPITAL FROM 26.12.2006 TO 4.1.2007 EXT.R3 (d) - TRUE COPY OF CERTIFICATE SHOWING THAT LEENA IS ADMITTED AT D.S.AYURVEDA HOSPITAL DT. 28.1.2007 (TRUE COPY) vaa ps to judge J.B. KOSHY and T.R.RAMACHANDRAN NAIR, JJ. ---------------------------- W.P.(Crl.) No. 40 of 2007 S ---------------------------- Dated this the 2nd day of March, 2007 Judgment Alleged detenue was produced. Police stated that she was admitted in a mental hospital at Palai and she was produced from there. She admitted that petitioner is her husband, that their relationship are cordial and that she wants to go with the petitioner. There is already a proceedings in the Family Court. They can go together and appear before the Family Court and Family Court can do the needful. Since the detenue is the wife of the petitioner, the detenue is allowed to go with the petitioner. The habeas corpus petition is allowed. J.B.KOSHY JUDGE T.R.RAMACHANDRAN NAIR JUDGE vaa W.P.(C).No./2007 2 J.B. KOSHY AND T.R.RAMACHANDRAN NAIR, JJ. -------------------------- W.P.(Crl.) No.40/2007 S -------------------------- Judgment Dated:2nd March, 2007