IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(Crl.).No. 483 of 2010(S) --------------------------- PETITIONER: --------------- RAJEENA, W/O.SATHYADAS, JOSEPHPURAM HOUSE, KARUMATHRA.P.O., ENKAKAD (VIA), THRISSUR DIST. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE ERNAKULAM TOWN NORTH POLICE STATION, KOCHI-682018. 3. SURESH. A.S.I. OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, KOCHI-682018. 4. JOSE, MEKKATTULAM HOUSE, PARAVATTANI, THRISSUR-680005. SR. GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR GOVERNMENT PLEAER SRI.C.M.KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(Crl) No.483 of 2010 ***************************** Dated this the 14th day of December, 2010 JUDGMENT BASANT, J. The petitioner is the mother of the alleged detenu. She has come to this Court on 10.12.2010 with a grievance that her son is illegally detained by the 3rd respondent. He was neither being produced before the Magistrate nor was he being released. It is with this grievance that the petitioner came to this Court on 10.12.2010. 2. When the petition came up for admission hearing on 13.12.2010, the learned counsel for the petitioner submitted that he has received information that the detenu - the petitioner's son, Robin Raju, has already been released from custody and, in these circumstances, the petitioner may not want to seek any further relief in this Writ Petition. The learned counsel wanted time to take detailed instructions. Accordingly this case was posted to this day. The learned counsel today confirms that no further relief is necessary and this petition can now be dismissed. However, the learned counsel submits that the option of the petitioner and the alleged detenu to take appropriate W.P(Crl) No.483 of 2010 2 action to complain about the alleged illegal detention of the alleged detenu may not be fettered by the dismissal of this Writ Petition. 3. We accept the request of the learned counsel for the petitioner. This Writ Petition is, in these circumstances, dismissed as unnecessary, making it clear that the dismissal of this Writ Petition will not in any way fetter the right of the petitioner or her son - the alleged detenu, to take appropriate action to complain/claim relief against the alleged illegal detention of the alleged detenu. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/