IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(CRL.).NO. 8 OF 2009(S) ---------------------------------- PETITIONER(S): ----------------------- S.SASIDHARAN , AGED 60 YEARS S/O.LATE SADASIVAN, "PRADEEP NIVAS" KOTTAPPURAM, ELAMPAZHAMOOR PO, CHADAYAMANGALAM,KOLLAM , KERALA. BY ADV. SRI.ALAN PAPALI RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE KOLLAM. 3. THE CIRCLE INSPECTOR OF POLICE KADAKKAL POLICE STATION, KADAKKAL. 4. THE SUB INSPECTOR OF POLICE KADAKKAL POLICE STATION, KADAKKAL. 5. THE COMMISSIONER OF POLICE THIRUVANANTHAPURAM CITY,THIRUVANANTHAPURAM. 6. THE SUB INSPECTOR OF POLICE KADAKKAVOOR POLICE STATION KADAKKAVOOR THIRUVANANTHAPURAM DISTRICT. 7. SHERIN, AGED 21 YEARS, S/O.RAJENDRA PRASAD,MAMATHIL TAHAZHIKOM,NEAR GURU MANDIRAM VAKKOM PO, 695 308,THIRUVANANTHAPURAM DISTRICT. 8. SRI.RAJENDRAPRASAD, MAMATHIL TAHAZHIKOM,NEAR GURU MANDIRAM VAKKOM PO, 695 308,THIRUVANANTHAPURAM DISTRICT. 9. MRS. SUPRABHA,W/O.RAJENDRAPRASAD, MAMATHIL TAHAZHIKOM,NEAR GURU MANDIRAM VAKKOM PO, 695 308,THIRUVANANTHAPURAM DISTRICT. 10. SMT.USHA, MAMATHIL TAHAZHIKOM,NEAR GURU MANDIRAM VAKKOM PO, 695 308,THIRUVANANTHAPURAM DISTRICT. BY PUBLIC PROSECUTOR SHRI JAI GEORGE R1 TO 6 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(CRL) NO.8 OF 2009 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY THE SECRETARY, SNDP SAKHA YOGAM, VELLARVATTOM DATED 3.1.2009. EXHIBIT P2 TRUE COPY OF THE F.I.R. IN CRIME NO.857/2008 OF KADAKKAL POLICE STATION DATED 31.12.2008. RESPONDENTS' EXHIBITS: NIL ------------------------------------- A.K. BASHEER & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = W.P(CRL.) No.8 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 14th day of January, 2009 J U D G M E N T ---------------------- Basheer, J. Petitioner who is stated to be the father-in-law of the alleged detenu, Ms.Aja, has filed this Writ Petition praying for a direction to the respondents to produce the detenu and her son Master Abhinav aged 3 years before this Court. The allegation is that Ms.Aja and the child are in illegal custody of respondent Nos.7 to 10. 2. Ms.Aja, daughter-in-law of the petitioner, is present in Court along with the minor son. She states that neither she nor her child is under illegal confinement of anybody, leave alone respondent Nos.7 to 10. According to her she had gone to the residence of a distant relative of her on December 28, 2008 and on the next day she had gone to the residence of Smt.Prasanna, her maternal aunt. According to Ms.Aja all along she was residing with Smt.Prasanna. She further states that she intends to go with her parents who are present in Court today. 3. It was brought to our notice by the learned Government Pleader that Ms.Aja had in fact appeared before the Judicial Magistrate of First Class, Kottarakkara on 8.1.2009 in connection with Crime W.P(CRL.) No.8 of 2009 -: 2 :- No.857/2008 registered at the instance of the brother-in-law of the petitioner. Similarly, on a complaint lodged by the parents under the caption 'man missing', respondent No.7 had also appeared before the Judicial Magistrate of First Class, Varkala on 9.1.2009. 4. In view of the developments referred to above, particularly in view of the assertion made by Ms.Aja, who is admittedly aged 23 years and who appears to be a capable lady to take decisions of her own that she is not under illegal detention, we do not deem it necessary to issue any order or direction as prayed for in the Writ Petition. Writ Petition is closed recording the submissions of the alleged detenu. A.K. BASHEER, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv