IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(Crl.).No. 359 of 2009(S) --------------------------- PETITIONER: --------------- R. MINI RAJAN, W/O. D. RAJAN, NO.15, MRR LAYOUT ONDIPUDHUR, COIMBATORE, BY ADV. SRI.K.LAKSHMINARAYANAN SMT.SATHYA SHREEPRIYA RESPONDENTS: --------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, PALAKKAD. 3. SUPERINTENDENT OF POLICE, THRISSUR. BY GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL) NO.359 OF 2009 ============================ DATED THIS THE 8TH DAY OF SEPTEMBER 2009 JUDGMENT Basant,J. The petitioner is the wife of the alleged detenu. Her grievance is that her husband had come to Palakkad for business purposes on 20-8-2009 and is missing thereafter. Her enquiry has revealed that he was detained at the Cheruthuruthy police station illegally. She was obliged to file a petition before the Judicial First Class Magistrate Court, Wadakkancherry for issue of a search warrant. That petition was closed on the submission of the police that the petitioner's husband was not available in their custody. It is at this juncture that she came to this Court on 31-8-2009 with this petition for issue of a writ of habeas corpus to search for, trace and produce the alleged detenue, her husband. 2. This petition came up for hearing on 31-8-2009. The WPCrl.359/2009 -2- vacation Bench directed the learned Government Pleader to take instruction and posted the case to 7-9-2009. On 7-9-2009, it was submitted that the petitioner's husband, the alleged detenu,has already been taken into custody and was being produced before the learned Magistrate having jurisdiction. Accordingly, this case is posted to this date for the police to file a detailed statement. 3. Statement has been filed by the Circle Inspector of Police, Chelakkara. In such report filed by him, it is submitted that the alleged detenu, the petitioner's husband was arrested on 7-9-2009 and has been produced before the learned Judicial First Class Magistrate Court, Wadakkancherry on 7-9-2009. He has been remanded to judicial custody and is now lodged in the Viyyur Prison, it is reported. The petitioner is still dissatisfied. The counsel contends that there has been blatant and illegal detention of the alleged detenu by the police for a long period of time. Long later, only after coming to know that this petition has been filed before this Court, have the police chosen to record the arrest and produce the alleged detenu before the court. In these circumstances, appropriate directions may be issued, it is prayed. WPCrl.359/2009 -3- 4. It is now evident that the alleged detenu has been arrested, his arrest recorded and he has been produced before the learned Magistrate on 7-9-2009. He has been remanded to judicial custody also. He is now under custody and detention in accordance with law. 5. Of course, the petitioner has a grievance that the arrest was not effected on 7-9-2009. 6. The option of the petitioner and the alleged detenu to raise this contention before the Magistrate or any other appropriate authority shall remain unfettered by the dismissal of this writ petition. In this petition it is not necessary for us to go into the details about the date of the actual arrest/taking into custody of the husband of the petitioner. Leaving open the right of the petitioner and the alleged detenu to agitate that point before the appropriate authority, this writ petition is dismissed. R. BASANT, JUDGE M.C. HARI RANI,JUDGE WPCrl.359/2009 -4- ks.