IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 WP(Crl.).No. 37 of 2010(S) ----------------------------------------------- PETITIONER(S): ---------------------- RAJEEV .A.P, AGED 40 YEARS S/O.APPUKUTTAN PILLAI,R.R.NIVAS, KALATHOOR UCHEKKADA PO, THIRUVANANTHAPURAM. BY ADV. SRI.VINOD J.DEV & ADV. SRI. PRAMOD J. DEV. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE HOME SECREARY, SECRETARIAT, TRIVANDRUM. 2. CIRCLE INSPECTOR OF POLICE NORTH PARAVOOR POLICE STATION,PARAVOOR ,ERNAKULAM 3. SUB INSPECTOR OF POLICE NORTH PARAVOOR POLICE STATION, PARAVOOR,ERNAKULAM. 4. SREEKUMARI, W/O.SUBHASH KAVITHA, PERUVARAM, NJARAKKAL ROAD NORTH PARAVOOR, ERNAKULAM DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SMT. M.K. PUSHPALATHA. ADV. SRI.S.SHYAM FOR R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(CRL). NO. 37 OF 2010 S PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LETTER SENT BY THE DETENU IN THE MONTH OF AUGUST, 2008 TO THE PETITIONER. EXT.P2 TRUE COPY OF THE RELEASE ORDER ISSUED BY THE ADDL. SUPERINTENDENT OF CENTRAL PRISON, MADURAI DATED 11.11.2009. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(CRL). NO. 37 OF 2010 S --------------------------------------------------- Dated this the 1st February, 2010 JUDGMENT K.M. Joseph, J. Petitioner seeks a writ of Habeas Corpus directing respondents 2 and 3 to produce the detenu, wife of the petitioner before this Court. 2. Briefly put, the case of the petitioner is as follows: Petitioner married the alleged detenu on 10.4.2004. It is stated that the petitioner was falsely implicated in a case on 11.5.2007 and he was under custody for two years. It is further case, inter alia, that the detenu is prepared to live with him, but she is under the custody of the fourth respondent. 3. Today, the alleged detenu was produced before us. We interacted with her. We also interacted with the petitioner and we also heard the learned counsel appearing, including the learned Government Pleader. 4. The alleged detenu would submit that she is not under WP(CRL)NO.37 OF 2010 S 2 any illegal detention. The fourth respondent is her own mother. It is submitted by her that the Family Court has granted divorce. She would submit that she is not interested in going with the petitioner. In such circumstances, we do not think it necessary to permit the petitioner to pursue with this Writ Petition. The Writ Petition is dismissed. However, this will be without prejudice to the right of the petitioner to take up the matter before any other appropriate Forum in accordance with law. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge