IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(Crl.).No. 494 of 2009(S) --------------------------- PETITIONER : --------------- NAYANA NIDHIN, NIDHIN NILAYAM, PUTHIYA ROAD JUNCTION, KUTTIKATTUKARA P.O., UDYOGAMANDAL, ERNAKULAM. BY ADV. SRI.ANTONY V. PAUL RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE (STATION HOUSE OFFICER), ELOOR POLICE STATION, UDYOGAMANDAL, ELOOR-683501. 2. COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, ERNAKULAM. 3. INSPECTOR GENERAL OF POLICE, IG OFFICE, ERNAKULAM RANGE, ERNAKULAM. 4. STATE OF KERALA, REP. BY SECRETARY TO HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.494 of 2009 ------------------------------------- Dated this the 14th day of December, 2009 JUDGMENT BASANT, J. This application is for the issue of a writ of habeas corpus to direct production of the detenu Nidhin, the husband of the petitioner. 2. Notice was ordered to the respondents. The respondents initially took the stand that the husband of the petitioner was not in their custody. A statement to that effect dated 02.12.2009 has already been filed. In that statement it was made clear that the husband of the petitioner is required to be arrested in a crime. But it was reported that he could not be traced so far. 3. Today when the matter came up for hearing, the learned counsel for the petitioner submits that the petitioner's husband has been arrested and produced before the Magistrate having jurisdiction and, in these circumstances, the petitioner does not want to prosecute this petition. The learned Government Pleader submits that during the pendency of this W.P(Crl.) No.494 of 2009 2 petition, the petitioner's husband was arrested on 11.12.2009 as accused in Crime N.855 of 2009 of Chengannur Police Station and has been produced before the learned Magistrate on 12.12.2009. 4. Without prejudice to the right of the petitioner and her husband to raise appropriate contentions before appropriate authority that the actual arrest was effected not on 11.12.2009 as alleged by the police now, but was effected much earlier, we are satisfied, that this Writ Petition can now be closed as agreed. 5. This Writ Petition is accordingly dismissed, with the above observations, as agreed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/- W.P(Crl.) No.494 of 2009 3 R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.494 of 2009 ------------------------------------- Dated this the 30th day of November, 2009 ORDER BASANT, J. The petitioner complains that her husband has been taken W.P(Crl.) No.494 of 2009 4 into custody by the police and is being detained in the illegal custody of the police. This petition was admitted on 26.11.09 and the matter was posted to this date. The learned Government Pleader after taking instructions submits that the petitioner's husband, though required for arrest as accused in Crime No.855 of 2009 of Chengannoor Police Station, is absconding and is not available for arrest. The police are also attempting to arrest him, submits the learned Government Pleader. The learned counsel for the petitioner on the contrary asserts that the alleged detenu has already been taken into custody by the police. 2. We are, in these circumstances, satisfied that the respondents must be directed to file affidavits explaining their stand. The learned Government Pleader prays for time. The respondents shall file their affidavits by 03.12.2009. The respondents shall in the meantime make every endeavour to trace the alleged detenu and apprise this Court of his whereabouts. 3. Call on 03.12.09. (R.BASANT, JUDGE) W.P(Crl.) No.494 of 2009 5 (M.C.HARI RANI, JUDGE) rtr/-