IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(Crl.).No. 436 of 2011(S) --------------------------- PETITIONER(S): --------------- EBY, AGED 30 YEARS, MANGALATH HOUSE, MUNAMBAM KAVALA.P.O. BY ADV. SMT.T.B.MINI RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, GOVT. SECRETARIAT THIRUVANANTHAPURAM - 695 001. 2. THE CIRCLE INSPECTOR OF POLICE, KODUNGALLOOR CIRCLE OFFICE, KODUNGALLOOR- 680664. 3. THE S.I. OF POLICE, KODUNGALLOOR POLICE STATION, KODUNGALLOOR - 680664. 4. DILEEP, AGED 45 YEARS, KUNNATH HOUSE, MENON BAZAR, P.O.AZHEEKODE - 680 673. 5. BEENA DILEEP, W/O.DILEEP, KUNNATH HOUSE, MENON BAZAR, P.O.AZHEEKODE, 680 673. BY G.P.SRI.C.M.KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 436 of 2011(S) APPENDIX PETITIONER'S EXHIBITS: NIL RESPONDENTS' EXHIBITS: NIL TKS // TRUE COPY // P.S. TO JUDGE R.BASANT & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(Crl.)No.436 of 2011 ---------------------------------------- Dated this the 4th day of October, 2011 JUDGMENT Basant, J. This petition is for issue of a writ of habeas corpus to search for, trace and produce Nainu, wife of the petitioner, who, it is alleged, is now under illegal confinement and detention of respondents 4 and 5. 2. When the petition came up for admission, the Bench had directed the learned Government Pleader, on 27.9.2011, to take instructions. 3. It is the allegation of the petitioner that the alleged detenue, his wife, is being illegally detained by respondents 4 and 5, who are denying access to the petitioner and the alleged detenue to meet each other. The learned Government Pleader, after taking instructions, submits that the Police have traced the alleged detenue, her statement has been recorded and the statement unmistakably suggests that there is no element of illegal detention or confinement in the residence of the alleged detenue Nainu with respondents 4 an 5, who are close relatives of the alleged detenue. WP(Crl.).No.436/2011 2 It is evident from the available inputs that the wife of the petitioner is residing away from the petitioner on account of certain reasons alleged by her. At any rate, prima facie, nothing has made available which can suggest to the court that the alleged detenue is under the illegal confinement or detention of respondents 4 and 5. Instead of filing a petition for restitution of conjugal rights, the petitioner has unnecessarily chosen to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. Not satisfied prima facie with the prayer of the petitioner for issue of a writ of habeas corpus, we dismiss this petition. Sd/- R.BASANT Judge Sd/- C.T.RAVIKUMAR Judge TKS