IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WP(Crl.).No. 31 of 2010(S) ---------------------------------------------- PETITIONER(S): ---------------------- JOSEPH K.T., S/O.THOMAS, KUNNEPARAMBIL HOUSE, PALLICKACHIRA P.O., PAIPPAD, CHANGANACHERRY TALUK. BY ADV. SRI.JOHN VARGHESE SRI.P.M.JOSEPH RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, KOTTAYAM. 2. THE CIRCLE INSPECTOR OF POLICE, CHANGANACHERRY POLICE STATION. 3. THE SUB INSPECTOR OF POLICE, THRIKKODITHANAM POLICE STATION, CHANGANACHERRY. 4. SHAN DEVASIA, S/O.SALIMMA DEVASIA, KANIYAMCHALIL, PALLICKACHIRA P.O., PAIPPAD, CHANGANACHERRY. R1 TO R3 BY GOVERNMENT PLEADER SHRI P.N. SUKUMARAN. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(CRL).NO. 31 OF 2010 S PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT DATED 11.01.2010. EXT.P2TRUE COPY OF C.M.P.NO.145/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHANGANACHERRY DATED 11.01.2010. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(CRL). NO. 31 OF 2010 S --------------------------------------------------- Dated this the 8th February, 2010 JUDGMENT K.M. Joseph, J. Petitioner seeks a writ of habeas corpus directing the respondents to produce the detenu Miss. Jomy Joseph, daughter of the petitioner, before this Court and to release her from the illegal custody of the 4th respondent in the interest of justice. Petitioner is the father of the alleged detenu. The illegal detention was alleged at the hands of the fourth respondent. 2. We had interacted with the alleged detenu and had passed an order dated 21.1.2010. Therein, we had noted that the alleged detenu would deny the case of illegal detention. But, we have directed accommodation of the alleged detenu in a hostel. The alleged detenu is present today also. Today also, the alleged detenu would submit that she is not under any illegal detention. WP(CRL).NO.31 OF 2010 S 2 She would say she is aged twentyone years. In so far as, there is no illegal detention, the Writ Petition fails and it is dismissed. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge