IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(Crl.).No. 22 of 2009(S) --------------------------------- PETITIONER: ------------------ SALMANUL FARIS, S/O. KOYAKUTTY, ALAYANKADAVATH, P.O. B.P. ANGADI, (VIA) TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.P.K.MOHANAN (PALAKKAD) RESPONDENTS: ---------------------- 1. STATION HOUSE OFFICER, TIRUR POLICE STATION, MALAPPURAM DISTRICT. 2. CIRCLE INSPECTOR OF POLICE, TIRUR, MALAPPURAM DISTRICT. 3. DISTRICT POLICE SUPERINTENDENT, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A. K. Basheer & Thomas P. Joseph, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P (Crl.) No. 22 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of January, 2009. Judgment Basheer, J: Petitioner is stated to be the brother-in-law of one Chembayil Mohammed Haneefa, son of Saidali residing at Pachattiri in Tirur Taluk of Malappuram District. According to the petitioner, his brother-in-law Sri.Mohammed Haneefa was taken into custody by some police personnel on January 17, 2009 at about 7.30 p.m. while he was sitting in M/s.Shameem jewellery at Tirur. Since the petitioner could not get any information with regard to the whereabouts and also the reason why Sri.Haneefa was taken into custody by the Police, he has filed this writ petition praying for issue of a writ of habeas corpus. 2. When the writ petition came up for consideration on January 20, 2009 we directed the learned Government Pleader to get instructions from the Station House Officer of the Police station concerned . 3. Learned Government Pleader after getting instruction from the Circle Inspector of Police, Tirur submits that Sri.Mohammed Haneefa was arrested at 9.30 a.m. on January 20, 2009 in connection with Crime No.122/09 of Tirur Police station for the offences punishable under sections 468, 471, 406 and 420 IPC. It is also stated that the above crime has been registered on the basis of a complaint received from Sri.Kumar Kishore alleging that Sri.Mohammed Haneefa, while he was working in a jewellery shop in Dubai, had misappropriated huge amounts and cheated the establishment of the de facto complainant. It is also brought to our notice that Mohammed Haneefa was produced before the jurisdictional Magistrate on January 20, 2009 and he has been remanded to judicial custody till February 3, 2009. WP(Crl.)22/09. 2 4. Learned counsel for the petitioner submits that the information furnished by the learned Governments Pleader is not correct. He asserts that Sri.Mohammed Haneefa was taken into custody at about 7.30 p.m. on January 17, 2009. He further submits that the crime in question must have been registered by the Police after this Court directed the learned Government Pleader to get instruction in the matter. 5. We do not propose to make any observation on the above submission made by the learned counsel for the petitioner at this stage. It will be open to the petitioner to pursue the other remedies, if any, available to him, if so advised, in accordance with law. The Writ Petition is closed. A.K. BASHEER Judge Thomas P. Joseph Judge an.