IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(Crl.).No. 421 of 2011(S) --------------------------------------- PETITIONER(S): ------------------------ SUDHA CLEETUS, W/O.CLEETUS, AGED 45 YEARS, PALLIKKARA HOUSE, MANICKAMANGALAM P.O., KALADY. BY ADV. SRI.G.SANTHOSH KUMAR RESPONDENT(S): ---------------------------- 1. CIRCLE INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ANGAMALY, ERNAKULAM, PIN-682 095. 2. SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ANGAMALY, ERNAKULAM, PIN-682 095. R1 & R2 BY GOVERNMENT PLEADER SRI.P.K.BABU THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(Crl.)No.421 of 2011 ---------------------------------------- Dated this the 23rd day of September, 2011 JUDGMENT Thottathil B. Radhakrishnan, J. The petitioner filed this writ petition on 15.9.2011 alleging that her son, who was undergoing Ayurvedic treatment in a centre in Chavakkad, was taken into custody in the midnight of 11.9.2011 by the Police. This matter came up on 16.9.2011 and it was adjourned for instructions. When it comes up today, on 23.9.2011, it is submitted by the learned counsel for the petitioner that on 20.9.2011 the Police have recorded the arrest of the petitioner's son in connection with the alleged commission of offence punishable under section 302 of the Indian Penal Code. The learned counsel for the petitioner says that the alleged detenu was under illegal detention until his arrest was recorded. In our view, that is not an issue which calls for any consideration in writ jurisdiction under Article 226 of the Constitution of India, on the facts and in the circumstances of the case in hand. We also find that the petitioner and her son would have efficacious alternate remedy for redressal of any grievance, as regards any such complaint, because the learned Magistrate before whom the arrested person was produced and WP(Crl).No.421/2011 2 the court which will continue to exercise jurisdiction in relation to the criminal case will have adequate power to enquire into any such complaint either by the accused or on his behalf regarding violation of rule of law, including guidelines issued by the Apex Court in connection with arrest etc. Without prejudice to such procedures, this writ petition is closed. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS