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 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(Crl.).No. 508 of 2009(S) --------------------------- PETITIONER: --------------- M.V.BHAVITHA, AGED 26, W/O. SUNILKUMAR T.K., MANNATH HOUSE, MUNDUR P.O., PALAKKAD, PIN 678 592. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENTS: --------------- 1. DEPUTY SUPERINTENDENT OF POLICE, SHORANUR. 2. CIRCLE INSPECTOR OF POLICE, CHERPULASSERY. 3. CIRCLE INSPECTOR OF POLICE, OTTAPPALAM. 4. SUB INSPECTOR OF POLICE, OTTAPPALAM. 5. SUB INSPECTOR OF POLICE, CHERPULASSERY. BY GOVT.PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.508 OF 2009 ----------------------------------------------------- DATED THIS THE 2nd DAY OF DECEMBER, 2009 J U D G M E N T Basant, J. The petitioner has come to this Court for issue of a writ of habeas corpus to search for, trace and produce her husband Sunil Kumar, who she apprehended is in the illegal custody and confinement of the respondents herein -all police officials. This petition was filed on 1.12.2009. It has come up for hearing today. The learned counsel for the petitioner submits that subsequent to the filing of this Petition, at about 5 p.m. on 1.12.2009, the petitioner's husband has been produced before the J.F.C.M., Ottappalam raising allegations of commission of crimes against him. According to the petitioner, the alleged detenu was not arrested as alleged by the police, but was arrested much earlier and was kept in the illegal custody and confinement. But, at any rate, the detenu having been produced now, the learned counsel for the petitioner submits that no further directions are necessary in this petition now. But the learned counsel prays that the right of the petitioner and her W.P.(Crl.)No.508/09 -2- husband to raise their grievances before appropriate authorities about illegal detention and custody prior to the production of the alleged detenu before the learned Magistrate may not be fettered by the dismissal of this Writ Petition. 2. Request of the learned counsel for the petitioner is accepted. This Writ Petition is accordingly dismissed. But, it is made clear that the dismissal of this Writ Petition will not in any way affect the rights of the petitioner and her husband, the alleged detenue to raise their grievances and seek appropriate relief before appropriate authorities in respect of the alleged illegal detention/confinement of the husband of the petitioner. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn