IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(Crl.).No. 276 of 2009(S) --------------------------- PETITIONER : --------------- MUHAMMED RIYAS, S/O.MOIDEEN, ATAVIL MYDHARIKANDI HOUSE, NADUVANNUR, P.O. KAVIL, KOYILANDY, KOZHIKODE DIST. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENTS: --------------- 1. SUJNA, D/O. ALI, KIDARATHIL HOUSE, POYILKAVU, KOYILANDY TALUK, KOZHIKODE DIST (DELETED). 2. MUHAMMED SHAHANAVAS (MINOR), S/O. MUHAMMED RIYAS, AGED 9 MOHTS, REP. BY HIS MOTHER SAJNA, D0..... (DELETED) 3. FAHAD ABDURAHIMAN, S/O. ABDURAHIMAN, PRESENT HOUSE, NEAR ACQUDATE, KURUVANGAD, KOYILANDY TALUK, KOZHIKODE DIST. 4. THE SUB INSPECTOR OF POLICE, KOYILANDY, KOZHIKODE DIST. 5. THE SUPERINTENDENT OF POLICE, RURAL VATAKARA, KOZHIKODE DIST. (Respondent Nos.1 and 2 are deleted from the array of parties as per order dt.14.07.09 in W.P(Crl) No.276 of 2009) GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZER THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.276 of 2009 ---------------------------------------- Dated this the 22nd day of July 2009 J U D G M E N T BASANT,J The petitioner has come to this court with the grievance that his wife Sajna and the child born to him in her - nine months old minor are under illegal custody/confinement by the 1st respondent. She was allegedly missing from 25/6/2009. This petition has been filed by the petitioner for issue of writ of habeas corpus to search for, trace and produce his wife Sajna and his minor son Muhammed Shahanavas. 2. This petition was filed on 13/7/2009. The same was admitted on 14/7/2009. Notice was ordered to the respondent. The matter has come up for hearing today. Today when the matter came up for hearing, the alleged detenu Sajna and her nine months old minor son are present. We ascertained the response of her in the open court. She stated categorically that she is not under any confinement or detention by anyone. According to her, life in the matrimonial home had become so difficult and intolerable that she was constrained to leave the matrimonial home and be with her parents. She is now residing along with her parents at the parental home, she submits. To a W.P.Crl No.276/09 2 specific query by this court, she answered categorically that she wants to leave the court along with her father with whom she resides and with whom she has come to court today. The petitioner is not present before court. He had already returned to his place of employment abroad, submits the learned counsel for the petitioner. The learned Government Pleader submits that the alleged detenu Sajna along with her child had already appeared before the learned Magistrate on 10/7/2009 and after recording her response/desire, she has been permitted to go along with her father by the learned Magistrate. 3. We are convinced that the alleged detenu Sajna and her minor child Muhammed Shahanavas, aged 9 months, are not under illegal confinement or detention by anyone. We record that fact. Accordingly, we dismiss this writ petition. The alleged detenu Sajna is permitted to leave the court (along with her minor child) with her father who is present before court, as desired by her. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr W.P.Crl No.276/09 3 W.P.Crl No.276/09 4 W.P.Crl No.276/09 5 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 18/06/2009