IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(Crl.).No. 556 of 2009(S) --------------------------- PETITIONER(S): --------------- RUBY JOSEPH AGED 36 YEARS W/O JOMIN MANY NOW RESIDING WITH HER PARENTS AND FATHER JOSEPH S/O ANCILY AGED 67 YEARS MATTEKKAL HOUSE KUSUMAGIRI P.O. ATHANI KAKKANAD BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY THE CHIEF SECRETARY GOVT. SECRETARIAT, TRIVANDRUM 695 001 2. THE DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS TRIVANDRUM 3. CITY POLICE COMMISSIONER, COCHIN CITY, ERNAKULAM, COCHIN - 682 021 4. ASSISTANT COMMISIONER OF POLICE TRIKKAKKARA POLICE STATION COCHIN 682 021 W.P(CRL)NO.556/09 5. SUB INSPECTOR OF POLICE TRIKKAKKARA POLICE STATION TRIKKAKKARA, COCHIN 682 021 6. ELIZABETH MANI, THALAKKOTTU KARA HOUSE, NEAR CARDINAL QUARTERS KOLLAMKUDI MUGHAL, THRIKKAKARA P.O., COCHIN 682 021 7. LITTY JOSEPH, W/O JOSEPH, AGED ABOUT 45 YEARS MADATHIPARAMBU, NEAR CARDINAL QUARTERS TRIKKAKKARA P.O., COCHIN 682 021 GOVT.PLEADER SRI.P.N.SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - W.P.(Crl) No.556 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of January, 2010 JUDGMENT Joseph, J. This is a writ petition seeking a writ of Habeas Corpus directing the fourth respondent to produce Jomin Many, the husband of the petitioner and to secure his freedom from illegal detention and confinement. 2. The case of the petitioner is that the whereabouts of the detenu is not known since last 11 years to the petitioner and that the detenu is under the illegal detention of respondents 6 and 7. The daughter of the petitioner and the detenu is aged 12 years. The further case is that petitioner came back to India on vacation on 29-11-2009. It is alleged that the detenu is under the illegal custody of respondents 6 and 7. Respondents 6 and 7 are none other than the mother and sister of the alleged detenu. 3. The learned Government Pleader who got instructions submits that detenu left the place about 10 years back and even earlier WP(Crl)No.556/2009 2 the detenu left the house and came back after two or three years and other whereabouts are not known. It is further submitted by the learned Government Pleader that on questioning the relatives , there is no information about the whereabouts of the detenu. We do not think a case is made out in this matter. Without prejudice to the rights, if any, the petitioner may have in law, this writ petition is dismissed. K.M.JOSEPH, JUDGE P.Q.BARKATH ALI, JUDGE sv. WP(Crl)No.556/2009 2