IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE THOMAS P. JOSEPH TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(Crl.).No. 328 of 2008(S) --------------------------- PETITIONER : --------------- RATHEEH KUMAR, 25 YEARS, S/O.RAVEENDRAN KADALAMADATHIL , KIDANGE NADUVIL MURI PATHARAM PO., KUMARANCHIRA SOORANAD SOUTH VILLAGE, KUNNATHUR TALUK, KOLLAM. BY ADV. SRI.K.V.ANIL KUMAR SRI.P.V.DILEEP RESPONDENTS: --------------- 1. CIRCLE INSPECTOR OF POLICE , PUNALUR KOLLAM. 2. S.I. OF POLICE, KUNNICODU POLICE STATION, KOLLAM. 3. SASIDHARAN NAIR, MAKAYIRAM, THEKKETHERY PO., PATTAZHY, KOLLAM. 5. VIJAYAKUMARI, W/O.SASIDHARAN NAIR MAKAYIRAM, THEKKETHERY PO., PATTAZHY, KOLLAM. ADV. SRI.GEORGE POONTHOTTAM FOR R3-4 PUBLIC PROSECUTOR SRI JAI GEORGE THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE MARRIAGE CERTIFICATE DTD 18.9.08 ISSUED BY THE SECRETARY & REGISTRAR, MANNAR GRAMA PANCHAYAT. EXT.P2 COPY OF THE COMPLAINT DTD 29.8.08 BEFORE R1. RESPONDENTS' EXHIBITS: EXT.R3(A) COPY OF THE BIRTH CERTIFICATE ISSUED BY THE KARUNAGAPALLY PANCHAYAT. EXT.R3(B) COPY OF THE BIRTH CERTIFICATE ISSUED BY THE KOLLAM CORPORATION. EXT.R3(C) COPY OF THE PETITION FILED BEFORE THE FAMILY COURT, KOTTARAKKARA IN MC.NO.204/08. /TRUE COPY/ cl A.K.BASHEER & THOMAS P. JOSEPH, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.)No.328 OF 2008-S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February, 2009 JUDGMENT Basheer, J: This writ petition has been filed by the petitioner contending inter alia that respondent Nos.3 and 4 had been keeping his wife Mrs.Shyma S. Nair in their illegal custody. He therefore prays for issue of a writ of habeas corpus in this petition. 2. On September 30, 2008, Mrs. Shyma S. Nair appeared before this Court and stated that she was not in the illegal custody of anybody as alleged. But, there was a new twist to the case. On that day one Smt. Sunitha appeared before the court and stated that petitioner had married her and begotten two children in the said wedlock. The two children were produced before the court by Smt. Sunitha. Exts.R3(a) and R3(b) are stated to be the birth certificates in relation to the above two children. To add a further twist to the story, it was also brought to the notice of the court that the petitioner had married another woman named Maya. 3. We do not deem it necessary to refer to the above aspects any further in view of the subsequent developments. It is brought to our notice that Crime No.338/2008 was 2 W.P.(crl)328/08 initially registered against the petitioner by Kunnicodu police under Sections 420 and 498 A I.P.C, which was later transferred to Sooranadu police station and re-registered as Crime No.330/2008. Similarly, another crime under the caption “man missing” filed was also registered pursuant to the complaint filed by respondent No.3. 4. Significantly petitioner has been abstaining from this Court ever since September 25, 2008. Even today, petitioner is absent. His mother, who is present in court, stated before us that she has no idea where her son is. 5. The Registry was directed to issue notice to the petitioner informing him to be present before this Court today. But, he is yet again absent. Having regard to the entire facts and circumstances, we do not find any reason to retain this writ petition on the file of this Court. Therefore,we dismiss the writ petition. I.A.No.13254/2008 is also closed. (A.K.BASHEER, JUDGE) (THOMAS P. JOSEPH, JUDGE) cl 3 W.P.(crl)328/08