IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(Crl.).No. 293 of 2009(S) --------------------------- PETITIONER(S): --------------- THREYSYAMMA, AGED 60 YEARS, MADATHIPARAMBIL (H), PARATHODE P.O., VELLATHOOVAL, IDUKKI DISTRICT. BY ADV. SRI.N.K.SHYJU RESPONDENT(S): --------------- 1. THE SUPERINTEND OF POLICE, PAINAVU, IDUKKI DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, ADIMALY POLICE STATION, IDUKKI DISTRICT. 3. THE SUB INSPECTOR OF POLICE, VELLATHOOVAL, POLICE STATION, IDUKKI DISTRICT. 4. BABU, S/O.KUTTY, KOCHUKALAYIL (H), PARATHODE P.O., PARATHODE. 5. JAYAN, S/O.MADHAVAN, CHAZHIKALAYIL(H), PARATHODE P.O., PARATHODE. ADD: 6. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM IS IMPLEADED AS ADDITIONAL R6 AS PER ORDER DATED 5/8/09 IN I.A.NO.9837/09 IN WP(CRI)293/09. ADV. SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE FOR R4,5 SRI.M.CHANDRA BOSE FOR R4,5 SRI.S.GOWTHAM FOR R4,5 SRI.A.RAJASIMHAN FOR R4,5 DR.ABRAHAM P.MEACHINKARA FOR R4,5 GOVERNMENT PLEADER SRI.K.S. SIVAKUMAR FOR R1 TO 3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No.293 of 2009-s ------------------------------------------------- Dated this the 23rd day of December, 2009 JUDGMENT Basant,J. There is no representation for the petitioner. The same was the situation when the case came up for hearing on 30/9/09 and 30/12/09. 2. The Investigators have reported that there is no element of illegal detention or confinement and the alleged detenu appears to be absconding. He is deliberately concealing himself, it is reported. 3. When the matter came up for hearing on the last occasion i.e., 30/12/09, it was very specifically observed that if the petitioner continues to be absent, the irresistible inference will be drawn that the petitioner is not interested in prosecuting this writ petition. We draw that inference today. W.P.(Cri) No.293 of 2009 -: 2 :- No further direction appears to be necessary in this writ petition. 4. This writ petition is accordingly dismissed. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge