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 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(Crl.).No. 207 of 2011(S) ------------------------------------- PETITIONER(S): --------------------- NATESAN, S/O.SANKUNNI, AGED 58 YEARS, KOLLAM VELIYIL HOUSE, WARD NO.13, AARYAKKARA, MUHAMMA PANCHAYATH, CHERTHALA. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE, MUHAMMA, ALAPPUZHA DISTRICT. 2. CIRCLE INSPECTOR OF POLICE, MARARIKULAM, ALAPUZHA DISTRICT. 3. SUPERINTENDENT OF POLICE, ALAPUZHA. 4. KUNHUMOL, W/O.RAJAN, NADAYIL KIZHEKEYIL, ENNAKKAD P.O., CHENGANNUR TALUK-686121. 5. BALAN, THEKKEKAVALA, KALLUMALA, ENNAKKAD P.O., CHENGANNUR TALUK-686121. R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.T.K.BABU. R4 & R5 BY ADV. SRI.AJITH MURALI THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR NO.207/2011: PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE INVITATION CARD. EXT.P2.TURE COPY OF THE PHOTOGRAPHS. EXT.P3.TRUE COPY OF THE FIRST INFORMATION REPORT IN CR NO.318/11. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(Crl.) No. 207 of 2011-S ---------------------------------------------- Dated, this the 13th day of June, 2011 J U D G M E N T K.M.Joseph, J. The prayers in the writ petition are as follows: “a) to issue a writ of Habeas Corpus or any other appropriate writ, order or direction, commanding the respondents 1 to 3 to produce the body of the detenu, son of the petitioner by name SONA before this Hon'ble Court, and set him at liberty. b) declare that the detention of the detenu is illegal and violative of the fundamental rights.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is a businessman. He is residing with his wife and son Sona. His daughter is married. Petitioner's son is aged 32 years. His marriage was fixed. The allegation in short is that he did not return after job on 30.3.2011. Allegation of detention is made virtually against respondents 4 and 5 who are sister and brother respectively. 3. Learned Government Pleader, on instructions, would submit that the boy is in Mumbai and his mobile phone is switched off. Learned counsel for respondents 4 and 5 would submit that the marriage of the alleged detenu with the daughter of WPCR 207/2011 -2- the 4th respondent is already solemnized. We do not see any illegal detention. We close the Writ Petition (Criminal). (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS