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 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(Crl.).No. 497 of 2009(S) --------------------------- PETITIONER: --------------- AKHILA, AGED 25, W/O.ANIL DAS, KODIKKAKAM, MUDAPURAM P.O., CHIRAYIMKEEZHU, THIRUVANANTHAPURAM. BY ADV. SRI.P.M.SANEER RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM (RURAL). 2. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, KILIMANOOR CIRCLE. 4. THE SUB-INSPECTOR OF POLICE, PANGODE POLICE STATION. GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.497 of 2009 ------------------------------------- Dated this the 30th day of November, 2009 JUDGMENT BASANT, J. This petition has been filed by the petitioner alleging that her husband is under illegal confinement and detention by the police. This Writ Petition was filed on 26.11.09. The same was admitted on the same day and notice was ordered to the respondents. The learned Government Pleader took notice and prayed for time to take instructions. Today when the matter came up for hearing, the learned Government Pleader reports that the alleged detenu, the husband of the petitioner, has already been arrested as accused in Crime No.678 of 2009 of Kilimanoor Police Station. After his arrest and interrogation, he was found to be involved in 2 other crimes of the same Police Station - Crime Nos.461 of 2006 and 243 of 2009. Accordingly he was arrested on 28.11.09 and produced before the learned Magistrate on the same day. In these circumstances, there is no illegal confinement or detention, submits the learned Government Pleader. W.P(Crl.) No.497 of 2009 2 2. The learned counsel for the petitioner now accepts that the husband of the petitioner has already been produced by the Kilimanoor Police before the Magistrate having jurisdiction on 28.11.09. Of course the petitioner contends that her husband was taken into custody and arrested not on 28.11.09, but much earlier. We are satisfied that it is not necessary to delve deeper into that controversy now, it having been admitted categorically that the husband of the petitioner has already been produced before the Magistrate on 28.11.09. 3. This Writ Petition is, in these circumstances, dismissed after recording the submissions of the learned Government Pleader and the submissions of the learned counsel for the petitioner. We however make it clear that the dismissal of this petition will not in any way fetter the rights of the petitioner or her husband, the alleged detenu, to raise appropriate contentions before and to claim appropriate reliefs from the appropriate forum that the arrest of the alleged detenu was not effected on 28.11.09, but was effected much earlier to that date. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-