IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(Crl.).No. 408 of 2009(S) --------------------------- PETITIONER : --------------- SUSHAMA, AGED 38 YEARS, W/O.SANILKUMAR,RESIDING AT THANDASSERY HOUSE, VAZHAKKALA,ERNAKULAM DISTRICT. BY ADV. SRI.P.K.JOSE SMT.TESSY JOSE RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION,PERUMBAVOOR.P.O, ERNAKULAM DISTRICT. 3. THE SUPERINTENDENT OF POLICE(RURAL) ALUVA,ALUVA.P.O,ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER SRI.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.408 of 2009 ------------------------------------- Dated this the 16th day of October, 2009 JUDGMENT BASANT, J. Statement has been filed by the 3rd respondent. The statement reveals that the alleged detenu is not arrested or detained in the custody of the Perumbavoor Police, ie the 2nd respondent. 2. The 3rd respondent in the statement has asserted that the alleged detenu was intercepted while he was riding a motor cycle in a rash and negligent manner on 06.10.09 by the Thadiyitta Parambu Police. Interrogation revealed that he was the accused in Crime No.198 of 2009. He was accordingly arrested on the same day at 1.15 p.m. His motor cycle was also seized. After questioning him it is allegedly revealed that the alleged detenu is involved in 18 other similar theft cases in different police stations. 17 new cases have been registered. 2 cases were already pending before the Thadiyitta Parambu Police Station. The alleged detenu was produced before the learned Judicial Magistrate of the First Class-I, Perumbavoor on 07.10.09 by the Sub Inspector of Police, Thadiyitta Parambu Police Station. He was remanded and continues in judicial custody in Sub Jail, Aluva. In these circumstances, it is W.P(Crl.) No.408 of 2009 2 submitted that there is no illegal detention or confinement of the alleged detenu. 3. It is now evident that the alleged detenu is not under any illegal detention or custody and that he has been arrested at 1.15 p.m on 06.10.09 and is now continuing in judicial custody on the basis of a valid order passed by the Judicial Magistrate. Of course there is still a dispute surviving as the petitioner alleges that her husband was arrested not on 06.10.09, but on 02.10.09. We do not think it necessary in the facts and circumstances of the case to delve deeper into that factual dispute between the contestants. We are satisfied that no further directions are necessary and this Writ Petition can now be closed, leaving open the right of the petitioner and the alleged detenu to raise appropriate contentions before appropriate fora about the precise time of detention and arrest of the detenu. 4. With the above observations, this Writ Petition is dismissed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-