IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(Crl.).No. 404 of 2009(S) --------------------------- PETITIONER: --------------- PRABHU, AGED 32 YEARS, S/O.ISSAC, MARIYA HOUSE, MOONGILAR ESTATE, VANDIPERIYAR, IDUKKI. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU SRI.NITHIN JACOB RESPONDENT(S): --------------- 1. THE C.I.OF POLICE, KUMILY. 2. JAYARAJ, PUTHU COLONY HOUSE, SUNDARAPANDYAPURAM PO,THENKASI, THIRUNELVELI DIST, TAMIL NADU. BY GOVT.PLEADER SMT.SMITHA SUKUMAR FOR R1 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.404 OF 2009 ----------------------------------------------------- DATED THIS THE 22nd DAY OF OCTOBER, 2009 J U D G M E N T Basant, J. The petitioner has filed this petition for issue of a writ of habeas corpus to search for, trace and produce his wife, who he apprehended, was being illegally detained by her parents. 2. When this petition came up for hearing on 8.10.2009, this Court observed that there is nothing available even to remotely suggest that separate residence of the alleged detenue is on account of any illegal detention or confinement. The petitioner's counsel then sought adjournment and the matter was posted to this day for production of materials, if any, to instill the requisite satisfaction in the mind of the Court that there has been any such illegal detention or confinement. 3. The learned counsel for the petitioner submits that the petitioner has made subsequent enquiries and he does not now want to make any grievance that his wife is illegally detained. In these circumstances, no further directions need be issued in this W.P.(Crl.)404/09 -2- Writ Petition, submits the learned counsel for the petitioner. 4. We accept the submission of the learned counsel for the petitioner. This Writ Petition is accordingly dismissed, as agreed. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn W.P.(Crl.)404/09 -3- R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.404 OF 2009 ----------------------------------------------------- DATED THIS THE 8th DAY OF OCTOBER, 2009 O R D E R Basant, J. Heard the learned counsel for the petitioner. Prima facie, there is no material to indicate or even remotely suggest that the separate residence of the alleged detenue is on account of any illegal detention or confinement. Called upon to explain why the petitioner should not be referred to the Family Court to seek his remedies in accordance with law, learned counsel for the petitioner prays that some time may be granted to the petitioner to produce materials to instill the satisfaction in the mind of the Court that the alleged detenue, his wife is being illegally detained. Request accepted. 2. Call on 22.10.2009. R.BASANT, JUDGE. W.P.(Crl.)404/09 -4- M.C.HARI RANI, JUDGE. dsn