IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(Crl.).No. 69 of 2009(S) -------------------------- PETITIONER(S): --------------------- ABDUL KAREEM, AGED 31 YRS, S/O.SALAHUDEEN THEKKECHENAVILA VEEDU, KONGAL, SOUTH PARAVOOR.PO, KOLLAM DISTRICT, NOW RESIDING AT PEEDIKAYIL KIZHAKETHIL VEEDU, POZHIKARA, SOUTH PARAVOOR, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): ----------------------- 1. THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KOLLAM. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 4. ABDUL SALAM, BININA MANZIL, MUKKAM, MAYYANADU, KOLLAM DIST-COMING UNDER ERAVIPURAM POLICE STATION. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. ADV. SRI.ANIL K.NARENDRAN FOR R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(CRL.) 69/2009. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE MUSLIM JAMA- ATH, CHILLAKAL, SOUTH PARAVOOR. EXT. P2 : TWO PHOTOGRAPHS TAKEM IMMEDIATELY AFTER THE MARRIAGE BETWEEN THE PETITIONER AND HIS WIFE. EXT. P3 : TRUE COPY OF THE LETTER ISSUED BY THE LOCAL JAMA-ATH OF THE 4TH RESPONDENT DATED 3.2.2009 WITH THE COPY OF APPLICATION SUBMITTED BY THE 4TH RESPONDENT BEFORE THAT JAMA-ATH. EXT. P4 : TYPE WRITTEN COPIES OF MESSAGES SENT BY THE WIFE FOR THE INFORMATION OF THE PETITIONER DATED 8.2.2009 AND 10.2.2009. EXT. P5 : TRUE COPIES OF THE PETITIONS SUBMITTED BY THE PETITIONER BEFORE 1ST AND 2ND RESPONDENTS. A.K. BASHEER, J. & P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (Crl.) No. 69 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of February, 2009. JUDGMENT BASHEER, J, Ms. Bibina, the alleged detenu has appeared before the court along with her parents. Petitioner is also present. 2. Ms. Bibina stated before us that she has not been detained by anybody. She further stated that she wants to go and live with her parents. In other words, she does not intend to go with the petitioner. The above submissions are recorded. 3. It is submitted by the learned counsel for the petitioner that some of the personal belongings and documents like passport, visa etc. of the petitioner are retained by respondent No.4. He prays that respondent No.4 may be directed to hand over the same to the petitioner. 4. Respondent No.4 submits that a suit case with some personal belongings of the petitioner is available at his home. He is prepared to hand over the same, if so directed by this court. Having regard to the facts and circumstances, respondent No.4 is directed to entrust the suit case to the Sub Inspector of Police, WP(Crl.) 69/2009. 2 Eravipuram Police Station at 10 a.m. on 18.2.2009. The Officer shall hand over the same to the petitioner under proper acknowledgment. It is made clear that dispute, if any, with regard to the civil rights of the parties including the claim over other movables, cash, ornaments etc. shall be resolved by the parties either at the intervention of the local Juma-Ath or before any other competent forum. The writ petition is closed in the above terms. A.K. BASHEER, JUDGE P. BHAVADASAN, JUDGE sb.