IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(Crl.).No. 575 of 2011(S) --------------------------------------- PETITIONER(S): ------------------------- JEEVAN @ BERNABAS, AGED 25 YEARS, S/O.MUTHUSWAMY, VENGLILAVILLA PUTHEN VEEDU, VELLARADA P.O., NEYATTINKARA, THIRUVANANTHAPURAM. BY ADVS. SRI.SREEKANTH S.NAIR, SMT.P.A.PRIYA, SMT.DHANYA BABU. RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM DISTRICT-695 001. 3. THE SUB INSPECTOR OF POLICE, NEYATTINKARA POLICE STATION, THIRUVANANTHAPURAM-695 121. 4. STEPHEN, AGED 45 YEARS, S/O.GEORGE, ROADARIKATHU PUTHEN VEEDU, THANNIMOODU, THALAMANOOR, MARRAYMUTTOM, PERUMKADA VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM-695121. DETENUE: SINJUMOL, D/O.STEPHEN, AGED 19 YEARS, ROADARIKATHU PUTHEN VEEDU, THANNIMOODU, THALAMANOOR, MARRAYMUTTOM, PERUMKADA VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADDL.DIRECTOR GENERAL OF PROSECUTION SRI.TOM JOSE PADINJAREKKARA R1 TO R3 BY GOVERNMENT PLEADER SRI.SHIBU JOSEPH R4 BY ADV. SRI.R.T.PRADEEP THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WP(CRL.)NO.575/2011 S APPENDIX PETITIONER'S EXHIBITS: P1: PHOTO OF MARRIAGE. P2: COPY OF THE FIR NO.1773/2011. RESPONDENT'S EXHIBITS: R4(A): COPY OF THE NOTICE DTD. 19/11/2011 IN CRIME NO.1773/2011 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, NEYYATTINKARA. R4(B): COPY OF THE STATEMENT DTD. 19/11/2011 RECORDED UNDER SECTION 164 OF THE CRIMINAL PROCEDURE CODE. R4(C): COPY OF THE CERTIFICATE DTD. 17/12/2011 REGARDING STUDY TOUR. /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(Crl.)No.575 of 2011 ---------------------------------------- Dated this the 20th day of December, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. This writ petition is filed seeking issuance of a writ of habeas corpus in re the 4th respondent's daughter. A counter affidavit is placed on record by the 4th respondent, the father of the alleged detenue. He has also produced materials to show that the alleged detenue had given a statement in-camera before the jurisdictional Magistrate. We have gone through Ext.R4(b) statement. In the counter affidavit, it is specifically stated that the petitioner herein had applied for bail from this Court with Bail Application No.10561 of 2011. However, the fact that such a bail application was filed is not disclosed in the writ petition. When queried about this, the learned counsel for the petitioner says that this writ petition and the bail application were filed on the same day. This means that the petitioner very well knew about the existence or the probable existence of a criminal case, touching the transaction between the petitioner and the alleged detenue, whether legal or illegal. A person apprehending arrest, simultaneously moving a bail application and also for habeas corpus in WP(Crl.).No.575/2011 2 relation to the victim in the criminal case, has suppressed the relevant and crucial factors from this Court, while he persuaded us to issue notice. We are not satisfied with the explanation that the FIR in that case was produced. The fact that this Court was simultaneously moved with the bail application ought to have been told since issuance of writ is essentially a matter of discretion. Whatever has been mentioned in the writ petition is only of the registration of a crime for offence punishable under section 366 of the Indian Penal Code and not under 376 IPC. We do not find any ground to entertain this writ petition further. The same is accordingly dismissed. On the totality of the facts and circumstances, though we are persuaded to impose very heavy costs, we dissuade from doing so, having regard to the fact that the crime referred to in this judgment is in the stage of investigation. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS/20.12