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 12TH OCTOBER 2009 / 20TH ASWINA 1931 WP(Crl.).No. 406 of 2009(S) --------------------------- PETITIONER: --------------- T.K.KARTHIKEYAN, S/O. KRISHNAN AGED 65 , THANDASSERY HOUSE, KOMBARA, ERNAKULAM-18. BY ADV. SRI.K.I.SAGEER RESPONDENTS: --------------- 1. CIRCLE INSPECTOR OF POLICE KALAMASSERY ERNAKULAM DIST. 2. COMMISSIONER OF POLICE, KOCHI. BY GOVT. PLEADER MR. K.J. MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL)NO. 406 OF 2009 ============================ DATED THIS THE 12TH DAY OF OCTOBER 2009 JUDGMENT Basant,J. The petitioner has come to this Court for issue of a writ of habeas corpus to search for, trace and produce his son Sreekumar, aged 32 years. According to the petitioner, he was forcibly taken into custody by the police at 7 p.m.on 7-10-2009. After so taking the son of the petitioner in the custody, the police did not follow the proper procedure and he was being illegally detained and confined. It is with this allegation that the petitioner came to this court on 9-10-2009 and filed this petition. It was taken on file and admitted. Notice was ordered to the learned Government Pleader and the matter was posted to this date to enable the learned Government Pleader to take instructions. 2. Today when the matter came up for hearing, the learned WPCrl.406/09 -2- Government Pleader submits that the police accepts that the petitioner's son Sreekumar was taken into custody on 9-10-2009. He was arrested as an accused in Crime No.233/2009 of Kalamassery police station. He was promptly produced before the learned Magistrate at 5.30 p.m.on the same day. In these circumstances, there is no merit in the contention that the petitioner's son is being illegally detained and confined by the police, submits the learned Government Pleader. 3. The learned counsel for the petitioner accepts that the petitioner's son has been produced before the learned Magistrate at 5.30 p.m.on 9-10-2009, but contends that the same was done only after coming to know of this writ petition filed earlier on that date. According to the petitioner, actually the detenu was taken into custody not on the morning of 9-10-2009 but on the evening of 7-10-2009. We are now convinced that the petitioner's son is not under illegal confinement. His arrest has been recorded and he has been produced before the learned Magistrate having jurisdiction at 5.30 p.m.on 9-10-2009. Of course, there is a dispute between the rival contestants as to whether the taking into custody was on the night/evening of 7-10-2009 or it was on WPCrl.406/09 -3- the morning of 9-10-2009. We do not think it necessary to go in detail and deeper into that dispute in this petition for issue of a writ of habeas corpus. It having been clearly shown now that the petitioner's son is not under illegal confinement and detention and he has been arrested and produced before the Magistrate having jurisdiction in accordance with law on the evening of 9-10-2009, we find it unnecessary to delve deeper into the controversy about the precise time of arrest. We are satisfied that this writ petition need only be dismissed now. 4. Accordingly this writ petition is dismissed. But we may hasten to observe that the option of the petitioner and the alleged detenu to contend that the alleged detenue was taken into custody much earlier than at the time of arrest recorded in Crime No.233/2009 of Kalamassery police station before the appropriate authorities shall remain unfettered by the dismissal of this writ petition. Sd/- R. BASANT, JUDGE Sd/- ks. M.C. HARI RANI,JUDGE TRUE COPY WPCrl.406/09 -4- ks.