IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(Crl.).No. 428 of 2011(S) --------------------------- PETITIONER : --------------- SAINUL HABID, AGED 40 YEARS, S/O. KUNJITH HAJI, PAZHERI HOUSE, KONDOTTY P.O., CHUNGAM, MALAPPURAM DISTRICT. BY ADV. SRI.INNOCENT FRANCIS PAPALI RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, MALAPPURAM DISTRICT-673 638. 3. KUNJAPPU, S/O. KUNJITH HAJI, PAZHERI HOUSE, KONDOTTY, PANDIKKADU, MALAPPURAM DISTRICT-673 638. 4. IBRAHIMKUTTY, S/O. KUNJITH HAJI, PAZHERI HOUSE, KUZHIMANNU, VALAPPANKUNDU, MALAPPURAM DISTRICT-673 641. 5. MUHAMMED ASHRAF, S/O.KUNJITH HAJI, PAZHERI HOUSE, KUZHIMANNU, VALAPPANKUNDU, MALAPPURAM DISTRICT-673 641. BY GOVT. PLEADER SRI.C.M.KAMAPPU. THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 428 of 2011(S) APPENDIX PETITIONERS EXHIBITS :- EXT.P1 : A TRUE COPY OF THE COMPLAINT DATED 12-09-2011FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS EXHIBITS : NIL. TRUE COPY P.A TO JUDGE amk. THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(Crl.)No.428 of 2011 ---------------------------------------- Dated this the 27th day of September, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner complains that one of his brothers, the third respondent, has illegally detained their aged father. He says that respondents 4 and 5 who are also his brothers are conniving to that. The jurisdictional Sub Collector/SDM, accompanied by the Medical Officer- in-charge of the Community Health Centre, Kondotty and the Circle Inspector of Police, Kondotty Police Station visited the alleged detenu following our earlier order and has filed a statement. Going by that, the petitioner and respondents 4 & 5 are among the 11 children of the alleged detenu. That report clearly shows that the alleged detenu, a widower aged 85 years, is sick and in the third respondent's house bed- ridden. Doctor's medical examination also indicates that he is of feeble mental frame work, as of now, in the sense that he is suffering from dementia. There is nothing in the report of the Doctor or the Sub Collector which indicates that the said person is not being cared for. To our query, the learned counsel for the petitioner says that the alleged detenu, after he lost his wife, is with the third respondent. This is in WP(C).No.428/2011 2 consonance with the SDM/Sub Collector's report. He was taken on the premise that he has to be treated. The medical report does not in any manner indicate the petitioner's allegation of administration of “toxic medicines”. The Medical Officer has also noted that the alleged detenu had two cerebro- vascular accidents in 1987 and 2010. With the aforesaid, we suggested to the petitioner that it would be better for him to co-operate in providing financial assistance to take care of the aged father, rather than carry on such a litigation. We do not find any merit in this writ petition. Hence, recording the report submitted by the SDM/Sub Collector and the materials produced therewith, this writ petition is dismissed. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS/27.09.11