IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(Crl.).No. 481 of 2010(S) --------------------------- PETITIONER: --------------- JISHITHA,D/O.BABU,VILLIYADATH HOUSE, MANNOOR PO, KADALUNDY VIA,KOZHIKODE DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY (HOME) SECRETARIAT, THIRUVANANTHAPURAM,PIN 695 001. 2. THE COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE,KOZHIKODE CITY. 3. THE CIRCLE INSPECTOR OF POLICE, NALLALAM POLICE STATION, KOZHIKODE DISTRICT , PIN 673 027. 4. THE SUB INSPECTOR 0F POLICE,NALLALAM POLICE STATION,KOZHIKODE DISTRICT, PIN 673 027. 5. AMMUKUTTY,W/O.LATE UNNIKANDAN, PALANGADUKUNNATH,ELADATH PARAMBU, MANAKKADAVU ROAD, CHALIKKARA STOP,PANTHEERANKAVU PO, KOZHIKODE DISTRICT, PIN 673 019. 6. BALAN,S/O.LATE UNNIKANDAN, PALANGADUKUNNATH,PALAZHY,NEAR PALCOMPANY , PALAZHY PO, KOZHIKODE DISTRICT, PIN 673 014. 7. PUSHPA,D/O.LATE UNNIKANDAN, PALANGADUKUNNATH,ELADATH PARAMBU, MANAKKADAVU ROAD, CHALIKKARA STOP,PANTHEERANKAVU PO, KOZHIKODE DISTRICT, PIN 673 019. GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** I.A.No.17391 of 2010 in W.P(Crl) No.481 of 2010 ***************************** Dated this the 21st day of December, 2010 ORDER BASANT, J. Heard. Allowed. Carry out the correction. W.P(Crl.) No.481 of 2010 JUDGMENT Petitioner herein is the wife of the alleged detenu. It is her case now that the alleged detenu is being illegally detained by respondents 5 to 7 - her mother in law, brother in law and sister in law. Her prayer is that a writ of habeas corpus may be issued commanding the production of the alleged detenu, her husband, who is now said to be under the illegal detention and confinement of respondents 5 to 7. 2. We perused the records. We heard the learned counsel for the petitioner. It is admitted that the petitioner had, as early as in 2008, filed M.C.No.307 of 2008 and O.P.786 of 2008 before the Family Court. M.C.No.307 of 2008 has already been ordered and the alleged detenu has been directed to pay maintenance under Section 125 Cr.P.C. The proceedings for execution of that order is admittedly pending. W.P(Crl) No.481/10 2 3. We wanted the learned counsel for the petitioner to explain how at this juncture it had dawned on the petitioner that her husband is illegally detained and confined by respondents 5 to 7. We granted time to the petitioner to make detailed submissions. There is not a semblance of materials before us to prima facie conclude that the alleged detenu, ie. the husband of the petitioner, could be under the illegal detention and confinement of respondents 5 to 7. Except the self serving assertions of the petitioner, which is completely belied by proceedings initiated by her against her husband as early as in 2008, there is nothing to indicate the possibility of such alleged detention. 4. In our anxiety to ensure that the Court is posted with the entire facts, we requested the learned Government Pleader to take instructions. The learned Government Pleader submits that the petitioner has moved the Family Court for execution of the order in M.C.No.307 of 2008. The alleged detenu, her husband, is not available. He has not been traced. Police want to execute the warrant of arrest issued by the Family Court in M.C.No.307 of 2008. Every effort is being made by the police to ensure that the alleged detenu is traced, arrested and produced W.P(Crl) No.481/10 3 before the Family Court in execution of the order in M.C.No.307 of 2008. 5. We are satisfied that there is not a semblance of satisfactory circumstances to suggest or indicate the possibility of illegal detention of the alleged detenu by respondents 5 to 7. We are satisfied, in these circumstances, that this Writ Petition need only be dismissed. 6. However, we take note of the submission of the learned Government Pleader that the alleged detenu is required to be arrested in M.C.No.307 of 2008 on the strength of a warrant of arrest issued by the Family Court. We record the submission of the learned Government Pleader that the police shall leave no stone unturned to trace, apprehend and produce the alleged detenu before the Family Court at the earliest. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/