IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 WP(Crl.).No. 160 of 2009(S) --------------------------- PETITIONER: --------------- VIJAYAMMA SASEENDRAN, W/O. SASEENDRAN, VIRIPPIL HOUSE, IRULAM AMSOM DESOM, POOTHADI VILLAGE, KENICHIRA, WAYANAD DISTRICT. BY ADV. MR. T.G.RAJENDRAN MR. T.R.TARIN RESPONDENTS: --------------- 1. K.S.BABU, LDF STATE SECRETARY, CONGRESS(S), WAYANAD. 2. SUB INSPECTOR OF POLICE, KENICHIRA, WAYANAD DISTRICT. 3. SUPERINTENDENT OF POLICE, WAYANAD. 4. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. *ADDL. R5.THE CIRCLE INSPECTOR OF POLICE, PULPALLY. (SUO MOTU IMPLEADED AS PER ORDER DATED 28.4.2009 IN WP(CRL) 160/2009) SENIOR GOVERNMENT PLEADER MR. P. SREEKRISHNAN FOR R5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL.)160/2009 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE NOTICE ISSUED BY THE SECRETARY, BLOCK PANCAHYATH OFFICE, SULTHAN BATHERY DT.8.4.2009. EXT.P2:- COPY OF THE COMPLAINT SENT BY THE PETITIONER TO THE 2ND RESPONDENT DT.20.4.2009. EXT.P3:- COPY OF THE F.I.R. RESPONDENT'S EXHIBITS:- NIL Okb - TRUE COPY - P.A. TO JUDGE P.R. RAMACHANDRA MENON & C.K. ABDUL REHIM, JJ. ------------------------------------------------- W.P.(Crl).No. 160 OF 2009 -------------------------------------------------- Dated this the 5th day of May, 2009 J U D G M E N T P.R. Ramachandra Menon, J. The petitioner, wife of the detenu, approached this Court stating that her husband was missing with effect from 20.4.2009, having been abducted by some political rivals particularly at the instigation of the first respondent and some others. It was stated that the detenu was under illegal confinement, despite the fact that he was the Vice President of the Poothadi Grama Panchayath, Wayanad. The alleged abduction was mainly with a view to see that the petitioner's husband would not be available for the voting proposed to be held on 27.4.2009 and thereby to defeat the “motion of no confidence”. 2. Pursuant to the intervention made by this Court, the additional fifth respondent produced the detenu on 28.4.2009. The detenu submitted that he was forcibly taken away by the culprits in a motor vehicle; that he was beaten up and that much WP(Crl)160/2009 2 harassment and hardship had been caused to him. Observing that the detenu was not produced before any Magistrate despite registration of a crime, this Court had given necessary instructions to have the detenu produced before the concerned Magistrate and to record his statement positively, on 29.4.2009, and to forward a report by the concerned Magistrate. 3. Pursuant to the above direction, the Judicial First Class Magistrate-II, Sulthan Bathery, vide report dated 30.4.2009, has conveyed that the detenu was produced before the Magistrate at 9 a.m. on 29.4.2009; that his statement was recorded on oath, which was read over to him and after obtaining his signature, he was set at liberty. The said report, along with a true copy of the statement obtained from the detenu has been forwarded to this Court. We have gone through the report as well as the statement. 4. The learned Government Pleader with reference to the report submitted by the police authorities submits that all necessary steps have been taken by the police to book the culprits and a crime has been registered under Sections 365, 368 and 345 read with section 120B and section 34 of the Indian WP(Crl)160/2009 3 Penal Code. It is further stated that all the five accused have been arrested and produced before the Magistrate and they have been remanded to the judicial custody. It is added by the learned Government Pleader that the matter has been given serious attention and investigation is going on; asserting that every effort will be taken to see that the investigation is taken to its logical conclusion. Learned Government Pleader also refers to the affidavit dated 4.5.2009 filed by the Circle Inspector of Police, Pulpally, Wayanad, where the sequence of events has been described in detail. 5. Considering the facts and circumstances, we find that the police has taken appropriate action honouring the directions given by this Court in the right spirit and perspective; though the course pursued by them before intervention of this Court can't but be deprecated in the strongest possible words. This Court earnestly desire and hope that the investigation now being conducted by the police will be carried out effectively, to see that the persons who have taken law into their hands will be dealt with in the most appropriate manner as provided under the law. While recording the submissions made as above, this Court finds WP(Crl)160/2009 4 that the purpose of the 'Habeas Corpus' petition has been served whereby the detenu has been produced before the court and has been set at liberty. In the said circumstances, the Writ Petition for Habeas Corpus is closed, without prejudice to the rights of the detenu to pursue further appropriate action in connection with the grievances, if any. P.R. RAMACHANDRA MENON, JUDGE. C.K. ABDUL REHIM, JUDGE. okb