IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(Crl.).No. 372 of 2011(S) ---------------------------------- PETITIONER(S): ------------------- JOMY M.AUGUSTINE, MYLACKAL HOUSE, KURINJI P.O., RAMAPURAM, KOTTAYAM DISTRICT-686 576. BY ADVS. SRI.SHEJI P.ABRAHAM SRI.O.K.MURALEEDHARAN RESPONDENT(S): --------------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM, PIN-695 001. 2. SUPERINTENDENT OF POLICE, KOTTAYAM, PIN-686 576. 3. SUB INSPECTOR OF POLICE, RAMAPURAM, PIN-686 576. 4. SUPERINTENDENT OF POLICE, NRI CELL, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001. 5. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. R1 TO R4 BY GOVT. PLEADER SRI.M.R.SABU R5 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(CR). NO. 372/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DETAILS NARRATING THE INSTITUTE WHERE THE PETITIONER'S WIFE IS STUDYING. P1(a):COPY OF THE PASSPORT DETAILS OF THE PETITIONER'S WIFE. P2: COPY OF THE PETITIONER'S VISA TO U.K. P2(a):COPY OF THE CANCELLED VISA OF THE PETITIONER TO U.K. P3: COPY OF THE DETAILS OF ACCOUNT OF THE LOAN AVAILED BY THE PETITIONER FOR HIS WIFE, REMYA JEENA. P3(a):COPY OF THE STATEMENT OF ACCOUNTS OF THE LOAN AVAILED BY THE PETITIONER FOR HIS WIFE REMYA JEENA. P4: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS. P4(a):COPY OF THE A.D. CARD. P4(b):COPY OF THE A.D. CARD. P4(c):COPY OF THE A.D. CARD. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- W.P(Crl.).No.372 OF 2011 ------------------------------------ Dated this the 17th day of August, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. 1.This writ petition is filed alleging that Remya Jeena Antichan, the wife of the petitioner, is illegally detained somewhere in Newzealand where she went for her studies. 2.We thought at the first instance that the Government should be able to reach at her or trace out reasons why there is no contact between the petitioner and her. The State Government has proved its capability through the police to properly utilise e-enabled access to information even from persons who are allegedly in custody. The State police contacted the father of the alleged detenue, obtained her e-mail ID and communicated with her. She has sent an e-mail to the Circle Inspector of Police, Ramapuram, WPCR.372/11 2 Kottayam at the Government site of Kerala Police. Learned Government Pleader has placed before us a copy of that e-mail. We have gone through it. We take it on record. The Court Officer will incorporate the same in the court records under her initials. Let a copy of this be given under due certification to the learned counsel for the petitioner. 3.The contents of that e-mail by Remya Jeena Antichan to the Circle Inspector, Ramapuram police station, Kottayam clearly shows that the petitioner and Remya have fallen out though we find substance in the petitioner’s statement about he having arranged for a loan for Remya to go abroad. While the petitioner says that he borrowed funds mortgaging his property and it is likely to lead to proceedings for recovery of more than Rs.7,65,000/-, that issue cannot be thrashed out in a proceedings seeking issuance of a writ in the nature of habeas corpus. WPCR.372/11 3 4.On the basis of the afore-referred e-mail, we record that the alleged detenue is not in the illegal detention of any person. Accordingly, this writ petition is closed leaving the petitioner with liberty to seek all appropriate remedies in terms of his legal rights against all concerned. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.18/8.