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 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(Crl.).No. 236 of 2009(S) --------------------------- PETITIONER(S): --------------- 1. NIMMY XAVIER,AGED 36 YEARS,MAPLASSERIYIL HOUSE,MUNDAMVELIL,KOCHI-05. 2. FRANCIS NELSON.C.E,AGED 40 YEARS, MAPLASSERIYIL HOUSE,MUNDAMVELIL,KOCHI-05. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------- 1. STATE OF KERALA REP BY SUB INSPECTOR OF POLICE,AROOR POLICE STATION. 2. THE ASST.COMMISSIONER OF POLICE, MATTANCHERRY POLICE STATION,ERNAKULAM. 3. SUB INSPECTOR OF POLICE,MATTANCHERRY POLICE STATION,ERNAKULAM. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.236 of 2009 ---------------------------------------- Dated this the 22nd day of June 2009 J U D G M E N T BASANT,J The learned Government Pleader, after taking instructions from the 2nd respondent, reports that the alleged detenu Joseph.C.E was a suspected accused in a murder case. He had to be interrogated. He was arrested on 18/6/2009 and has been produced before the learned Magistrate on 19/6/2009. All the allegations of illegal detention are denied. It is submitted that the alleged detenu, the accused in crime No.1164/08 of Thoppumpady police station has already been arrested and produced before the learned Magistrate in accordance with law. He has been remanded to judicial custody and continues in such custody, submits the learned Government Pleader. 2. There is of course disputes between the petitioner and the respondents as to the precise date of arrest/detention. According to the petitioner, the alleged detenu had actually been taken into custody long earlier even though his formal arrest was recorded only on 18/6/2009. We do not propose to enter into W.P.Crl. No. 2 that controversy at this point of time as it is now evident that the alleged detenu is now detained in accordance with law after his arrest and is in judicial custody. No further directions are in these circumstances necessary. 3. This writ petition is in these circumstances dismissed after making note of the above facts. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr // True Copy// PA to Judge W.P.Crl. No. 3 W.P.Crl. No. 4 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 18/06/2009