IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(Crl.).No. 343 of 2011(S) --------------------------- PETITIONER(S): --------------- RAJI JOHN S/O.MR.P.K.JOHN, AGED 30 YEARS, THENGAMCHALIL PUTHENVEED, KAITHAPARAMPU P.O., ENATHU,PANDALAM BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW RESPONDENTS: --------------- 1. CIRCLE INSPECTOR OF POLICE, C.I.OFFICE, PANTHALAM-685001. 2. SUB INPSECTOR OF POLICE, POLICE STATION, PANDALAM-685001. 3. P.M.VARGHESE, PANDAKASHALA, KADUVATHUKKAL, KAIPUZHA NORTH, KULANADA, PANDALAM-685001. 4. ROASSMA VARGHESE, W/O.P.M.VARGHESE, KAIPUZHA NORTH, KULANADA, PANDALAM-685001. R1-R2 BY GOVT. PLEADER MR.C.M.KAMMAPPU R3-R4 BY ADV. SRI.ROY THOMAS (PATHANAMTHITTA) SRI.T.MADHU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.)NO.343/2011 APPENDIX PETITIONER'S EXTS.: EXT.P1: A TRUE COPY OF THE MARRIAGE CERTIFICATE IN RESPECT OF THE PETITIONER'S MARRIAGE WITH THE DETENU. EXT.P2: A TRUE COPY OF THE RECEIPT DATED 18.10.2010 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT ACKNOWLEDGING THE RECEIPT OF THE COMPLAINT DATED 18.10.2010. EXT.P3: A TRUE COPY OF THE REPRESENTATION DATED 23.6.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. THOTTATHIL B.RADHAKRISHNAN & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- W.P.(Crl.).No.343 of 2011 ---------------------------------------------------- Dated this the 21st day of July, 2011 Judgment Thottathil B.Radhakrishnan, J. The petitioner alleges that his wife is under illegal detention of her parents. The parents are present before us. They have filed a counter affidavit through the third respondent-father. It shows that the petitioner's wife is not in India. The learned Government Pleader, on instructions, points out that the police has also come to the conclusion that the petitioner and his wife are apparently not in good terms and the wife is now abroad. He points out that the police had also traced out the mobile phone number in which the petitioner's wife could be contacted. We direct the third respondent to file an affidavit in this case within a week disclosing the last known whereabouts including the specific address and phone numbers of his daughter in relation to whom this petition is filed. A copy of that affidavit shall be served on the counsel for the petitioner. On receipt of that affidavit, it shall be recorded as part of this proceeding by the Registrar General. On the aforesaid facts and circumstances, we W.P.(Crl).343/2011 2 do not find any ground to issue any writ or order in the nature of habeas corpus as sought for by the petitioner. This matter is hence closed subject to the aforesaid requirement as to the affidavit. THOTTATHIL B.RADHAKRISHNAN, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd W.P.(Crl).343/2011 3