IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(Crl.).No. 165 of 2008(S) ----------------------------------- PETITIONER: ------------ ANISH, AGED 29, S/O. SREEDHARAN, VAIAPURATH HUSE, PANAVALLI P.O., KOTTIKULAM (VIA), WYNAD. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, OFFICE OF ALUVA RURAL S.P., ALUVA. 2. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THRIKKAKARA CIRCLE,INSPECTOR OF POLICE, THRIKKAKARA. 3. THE SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, THRIKKAKARA,KAKKANAD. BY GOVERNMENT PLEADER SMT. M.K. PUSHPALATHA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. -------------------------------------------------------- W.P.(CRL.)N0.165 OF 2008 ---------------------------------------------- Dated, 4th June, 2008. Judgment Raman,J. The petitioner alleges that his brother Agish married the daughter of Indira Joy, Kochuthottathil House, Thuthiyoor, Kakkanad. The said Indira Joy was residing in a small building. Since there was nobody to look after her, they decided to dispose of her house and registration of sale deed was scheduled on 21-5-2008. One Ratheesh, Karuvila Puthen Veettil, Anappara, Ambalavayal, Wynad was also accompanying the said Indira Joy to Sub Registrar's Ofice. The said Ratheesh is none other than the petitioner's brother in law. After registration of the document the said Indira Joy and Ratheesh came out of Sub Registrar's office, then the 3rd respondent along with two Constables came to the spot and taken the said Indira Joy and Ratheesh into custody on 21-5-2008 at about 3 p.m. Their relatives enquired about the matter in the Thrikkakara police station on the same day. Then one Manoj was also taken into custody. It is alleged that Mandatory conditions WPCRL. 165/2008 -: 2:- were not followed while the persons were taken into custody. It is prayed that they may be produced before this court and they may be released. 2. Pursuant to the notice issued, two statements are filed by the Sub Inspector of Police, Thrikkakara police station along with a memo by the Government Pleader. As per the statement filed, Indira Joy and Manoj were produced before the Judicial First Class Magistrate's court Aluva on 24-5-2008 and Indira Joy was remanded to Sub Jail Moovattupuzha and Manoj was remanded to the Sub Jail Aluva. It is also stated that Ratheesh is not residing within this police station limits and he is not wanted for the crime registered in this police station. 3. In view of the above circumstances, as pointed out in the statement, no further direction need be issued in the writ petition. 4. Learned counsel further points out some mistakes in the statements filed before this court regarding the persons to whom the information of arrest was WPCRL. 165/2008 -: 3:- conveyed and alleged delay in producing the accused before court. However, the main prayer in this writ petition is for a release of the alleged detenue. Since they are remanded to judicial custody pursuant to the order of the court, their custody cannot be said to be illegal. No relief could be granted in this proceedings. Hence dismissed. P.R.RAMAN, JUDGE. T.R.RAMACHANDRAN NAIR, JUDGE. kvm/- WPCRL. 165/2008 -: 4:- V.K.MOHANAN, J. No.... Judgment/Order Dated: