IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 WP(Crl.).No. 53 of 2008(S) -------------------------- PETITIONER: -------------- ANEESH K.S., AGED 28 YEARS, S/O.SADANANDAN, KUDIYIL HOUSE, ONAMPILLY, OKKAL P.O., CHELAMATTOM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: ------------------ 1. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL. 2. SUB INSPECTOR OF POLICE, CHIRAYINKEEZHU 3. GIREESH.S., G.B.NIVAS, ENCHALAKKAL SARKARA, CHIRAYINKEEZHU. 4. LAILA GIRIJA A.K., W/O.GIREESH, G.B.NIVAS, ENCHALAKKAL SARKARA, CHIRAYINKEEZHU. BY GOVERNMENT PLEADER SRI.C.M.KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN,JJ ============================= W.P.(Crl.).(Habeas corpus) No. 53 of 2008 =============================== Dated this the 19th day of February, 2008 JUDGMENT P.R.RAMAN,J The petitioner had earlier moved this Court by filing W.P.(C).No.16/2008 seeking similar relief. Pursuant to the order issued, detenue appeared before us and we dispose of the matter holding that she is not under the illegal custody and at the same time petitioners right to move other forum was left open. But the petitioner has not approached any other forum. When the detenue had stated before this Court that she is not under illegal custody we cannot take Ext.P2 letter on its face value and especially when there is no proof of the letter being written by the detenue or that it is in her hand writing. However, since the petitioner has filed Ext.P3 complaint before the Deputy Superintendent of Police, Attingal, that authority may consider Ext.P3 in accordance with law and if on enquiry the complaint is found to be true, to take such action as is authorised by law. W.P.(Crl.).No. 53 of 2008 2 Since we are not going into the merits of the allegations raised and in the view we are taking, we are not issuing notice to the parties. The writ petition is disposed of as above. P.R.RAMAN,JUDGE V.K.MOHANAN,JUDGE dvs