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. 451 of 2011(S) --------------------------- PETITIONER(S): --------------- RAJESWARY.S., SAROJA MANDIRAM, K.P.7/787, JAYAPRAKASH LANE, GANGA NAGAR, KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695 306. BY ADV. SRI.V.PREMCHAND RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM - 695306. 2. THE SUB INSPECTOR OF POLICE, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM - 695306. 3. PRATISH VIJAY, SREENILAYAM, T.C.NO.4/380 (2), KIZHAKKUMKARA, KULATHOOR P.O., ATTIPRA VILLAGE, THIRUVANANTHAPURAM NOW EMPLOYED AT PHYKON, GROUND FLOOR, TEJASWANI BUILDING, TECHNOPARK, KAZHAKUTTAM, THIRUVANANTHAPURAM - 695 296. 4. ASWATHI SASIKUMAR, W/O.PRATISH VIJAY, SREENILAYAM, T.C.NO.4/380 (2), KIZHAKKUMKARA, KULATHOOR P.O., ATTIPRA VILLAGE, THIRUVANANTHAPURAM NOW EMPLOYED AT PHYKON, GROUND FLOOR, TEJASWANI BUILDING, TECHNOPARK, KAZHAKUTTAM, THIRUVANANTHAPURAM - 695 296. R1 & R2 BY G.P.SRI.P.K.BABU 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. 451 of 2011(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE DETAILS OF INITIAL CHATTING BETWEEN THE PETITIONER AND VINISH VIJAY DATED 12.3.2011. EXT.P2: TRUE COPY OF THE DETAILS OF INITIAL CHATTING BETWEEN THE PETITIONER AND VINISH VIJAY DATED 12.03.2011. EXT.P3: TRUE COPY OF THE PHOTOGRAPH OF VINISH VIJAY, THE DETENUE. EXT.P4: TRUE COPY OF THE PHOTOGRAPH OF VINISH VIJAY, THE DETENUE. EXT.P5: TRUE COPY OF THE PETITION DATED 26.09.2011 BEFORE THE CIRCLE INSPECTOR OF POLICE, PEROORKADA POLICE STATION. TKS // TRUE COPY // P.S. TO JUDGE R.BASANT & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(Crl.)No.451 of 2011 ---------------------------------------- Dated this the 4th day of October, 2011 JUDGMENT Basant, J. The petitioner a woman has come to this Court with the prayer under Article 226 of the Constitution of India to issue a writ of habeas corpus to search for, trace and produce one Vinish, the alleged detenu, stated to be her lover. The crux of the allegation is that her lover Vinish is being illegally detained and confined by respondents 3 and 4, who are the brother and sister-in-law of the said alleged detenue. 2. Prima facie, there is absolutely nothing to satisfy us that the alleged detenue is under illegal detention or confinement. In coming to this conclusion, we take particular note of Ext.P5 complaint dated 26.9.2011 submitted by the petitioner before the Circle Inspector of Police, Peroorkada,, Thiruvananthapuram. In that, she has an entirely different version to advance. She presents a picture of a gilted lover whose lover has deserted her without any justification. Allegations are raised against him. WP(Crl.).No.451/2011 2 3. In the petition, now, it is alleged that totally different things occurred on 26.9.2011, inconsistent with the averments in Ext.P5. 4. We are not prima facie satisfied that there is any element of illegal detention or confinement justifying or warranting the invocation of our extraordinary constitutional jurisdiction under Article 226 of the Constitution of India. We are, in these circumstances, not persuaded to admit this writ petition. 5. This writ petition is accordingly dismissed. But, we may hasten to observe that the dismissal of this writ petition shall not in any way fetter the rights of the petitioner to seek appropriate further reliefs from the concerned authorities, in accordance with the prayer made in Ext.P5. Sd/- R.BASANT Judge Sd/- C.T.RAVIKUMAR Judge TKS WP(Crl.).No.451/2011 3