IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(Crl.).No. 442 of 2008(S) ---------------------------------- PETITIONER: ---------------- RAJEENA, W/O.HARRIS, CHALIKIZHAKKATHIL, KANNAMBALLI BHAGOM, KEERIKKAD VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS: ------------------ 1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KAYAMKULAM, ALAPPUZHA DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, KAYAMKULAM, ALAPPUZHA DISTRICT. 4. THE SUB INSPECTOR OF POLICE, KAYAMKULAM, ALAPPUZHA. GOVERNMENT PLEADER SRI. SHYSON P. MANKUZHA. THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. ------------------------------------------ W.P.(Crl) No.442 OF 2008 ------------------------------------------ Dated this the 9th day of December, 2008. J U D G M E N T Kurian Joseph, J. This writ petition is filed alleging that Harris and Shaji have been illegally detained by the police. It is seen from the statement filed by the police that the police have not detained them illegally. The police have taken action only in accordance with law against Shaji and he has been produced before the Magistrate's court, Kayamkulam as per the provisions of the Code of Criminal Procedure. 2. Learned counsel for the petitioner, however, submits that the police have detained the persons beyond the permitted time and hence liberty may be reserved to the petitioner/detenue to pursue the matter in accordance with law. The scope of the present writ petition is only to see whether the persons mentioned in the writ petition have been illegally W.P.(Crl) No.442/08 2 detained. It has come out now that they are not under any illegal custody. In case they have a different version, it is for them to pursue the matter in accordance with law before appropriate forum. Without prejudice to such liberty, this writ petition is dismissed. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp W.P.(Crl) No.442/08 3 KURIAN JOSEPH & K.T. SANKARAN, JJ. W.P.(Crl) No.442 OF 2008 J U D G M E N T 09.12.2008