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 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(Crl.).No. 457 of 2009(S) --------------------------- PETITIONER: --------------- K.C.CHANDRASEKHARAN, AGED 60 YEARS, S/O.LATE K.SANKARAN NAIR, 6/22, KRISHNA VIHAR, KADUKKAM KUNNAM, PALAKKAD 678561. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPDT.OF POLICE, PALAKKAD DISTRICT. 3. THE DEPUTY SUPDT.OF POLICE, PALAKKAD. 4. THE CIRCLE INSPECTOR OF POLICE, CHITTUR CIRCLE, CHITTUR, PALAKKAD DISTRICT. 5. THE SUB INSPECTOR OF POLICE, CHITTUR POLICE STATION, CHITTUR, PALAKKAD DISTRICT 6. THE SUB INSPECTOR OF POLICE, MALAMPUZHA POLICE STATION, MALAMPUZHA, PALAKKAD DISTRICT. GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.457 of 2009 ------------------------------------- Dated this the 9th day of November, 2009 JUDGMENT BASANT, J. The petitioner has come to this Court with a grievance that his son T.Krishna Prasad is being illegally detained by the respondents from 27.10.09. According to the petitioner, such detention was only to ensure that another son of his, namely, one T.Radhakrishnan is produced before the police. Vexatiously the petitioner's son Krishna Prasad is being detained, it was alleged. 2. This petition was filed on 05.11.09. Notice was ordered to the respondents on the same day. The case was posted to this date. 3. Today when the case came up, the learned Government Pleader on behalf of the respondents submits that the petitioner's son was not taken into custody at all. The learned counsel for the petitioner submits that this submission is not correct. He was actually detained in custody. He has now been released from such custody on 08.11.09. According to the W.P(Crl.) No.457 of 2009 2 petitioner, it is after coming to know of the filing of this Writ Petition and after the notice was served on the respondent that they released the petitioner's son. The learned Government Pleader submits that the alleged detenu was never taken into custody and that he was called to the police station to ascertain the whereabouts of his brother. There is nothing illegal in the police attempting to ascertain the whereabouts of the petitioner's another son T.Radhakrishnan from the alleged detenu. In these circumstances, this Writ Petition may be dismissed, prays the learned Government Pleader. 4. It is now conceded that the alleged detenu is not now in custody and is free. In these circumstances, we are satisfied that no further directions need be issued in this Writ Petition. However, we take note of the grievance of the petitioner that his son has been illegally detained from 27.10.09. We do not want to delve deeper into that dispute now. Suffice it to say that the dismissal of this Writ petition now will not in any way fetter the rights of the petitioner or the alleged detenu to seek appropriate relief from appropriate court and advance appropriate contentions before such court. W.P(Crl.) No.457 of 2009 3 5. With the above observations, this Writ petition is dismissed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-