IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(Crl.).No. 423 of 2009(S) --------------------------- PETITIONER(S): --------------- HAMEEDKUTTY, S/O.ALIKUNJU, AGED 62 YEARS, SHAJEER MANZIL, KADAVINAL P.O., THALIRADI, VALLIKKUNNAM, NOW RESIDING AT MALAYIL KIZHEKKATHIL VALACHAL, VALLIKUNNAM, ALAPPUZHA DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SRI.B.BIPIN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 4. THE CIRCLE INSPECTOR OF POLICE, MAVELIKKARA, ALAPPUZHA DISTRICT. 5. THE SUB INSPECTOR OF POLICE, VALLIKUNNAM, ALAPPUZHA DISTRICT. 6. THE SUPERINTENDENT OF POLICE, KOLLAM DISTRICT. .......2 -: 2 :- 7. THE CIRCLE INSPECTOR OF POLICE, KARUNAGAPALLY, KOLLAM DISTRICT. 8. THE SUB INSPECTOR OF POLICE, KARUNAGAPALLY, KOLLAM DISTRICT. 9. THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA, KOLLAM DISTRICT. 10. THE SUB INSPECTOR OF POLICE, KOTTARAKKARA, KOLLAM DISTRICT. BY G.P. SMT. SMITHA SUKUMARAN. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 423 of 2009-S ------------------------------------------------- Dated this the 26th day of October, 2009 JUDGMENT Basant,J. The petitioner has come to this Court with a grievance that his son - an adult major by name `Shajeer' aged 28 years, is being illegally detailed by respondents. This petition was filed on 20/10/09. The same was admitted on 21/10/09. The learned Government Pleader took notice on behalf of respondents 1 to 10 and the case was accordingly posted to this date to enable the learned Government Pleader to take instructions. 2. The learned Government Pleader today submits that the petitioner's son Shajeer was taken into custody on 23/10/09 as accused in Crime No.1007/09 of the Karunagappally Police Station. He was produced before the learned Judicial W.P.(Cri) No. 423 of 2009-S -: 2 :- Magistrate of the First Class, Karunagappally, on 24/10/09. Thereafter, he remains in custody as per the order of remand passed by the learned Magistrate. In these circumstances, the learned Government Pleader submits that there is no question of illegal detention or custody of the son of the petitioner. 3. The learned counsel accepts the fact that the petitioner's son has been produced before the learned Magistrate and he continues in custody now on the strength of the order of remand passed by the learned Magistrate. At the moment, he is under legal custody in Sub Jail, Kollam. There can hence be no question of this Court issuing any writ of habeas corpus to produce the son of the petitioner. 4. However, the learned counsel for the petitioner submits that, as a matter of fact, the petitioner's son, the alleged detenue, was taken into custody on 16/10/09 and had remained in custody from 16/10/09 to 23/10/09. He has a further grievance that the petitioner's son was badly and brutally manhandled while he was in custody of the police during the said period. 5. We are satisfied that the petitioner's son is not illegal W.P.(Cri) No. 423 of 2009-S -: 3 :- custody now. We are of the opinion that it is not necessary or expedient in the interest of justice for this Court now to embark on an enquiry and resolve the dispute between the parties about the precise date on which the petitioner's son was taken into custody; nor are we persuaded to go into the disputed question as to whether there was any alleged illegal manhandling of the petitioner's son before he was produced before the learned Magistrate at Karunagappally. 6. The petitioner and his son shall certainly be entitled to raise all grievances about the alleged illegal custody and manhandling by the police between 16/10/09 and 24/10/09. Their option to raise such contentions before the appropriate courts and seek appropriate reliefs shall remain unfettered by the disposal of this writ petition. We having satisfied ourselves that the petitioner's son is not now in any illegal custody or confinement, further enquiry is not necessary or expedient now, we are satisfied. 7. This writ petition is accordingly dismissed; but we reiterate that the dismissal of this writ petition will not in any way fetter the option of the petitioner and his son to raise W.P.(Cri) No. 423 of 2009-S -: 4 :- appropriate all contentions and claim appropriate reliefs before/ from appropriate courts on the basis of the alleged illegal detention and physical torture. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge W.P.(Cri) No. 423 of 2009-S -: 5 :-