IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(Crl.).No. 4 of 2009(S) ---------------------------------- PETITIONER: ------------------- SHAJI.O., S/O.PADMANABHAN, AGED 39 YEARS OMPADATHIL HOUSE, KERALADEESWARAPURAM P.O., THANUR, MALAPPURAM DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN RESPONDENTS: ----------------------- 1. THE CIRCLE INSPECTOR OF POLICE, THANUR. 2. THE SUB INSPECTOR OF POLICE, THANUR. 3. M.BALAKRISHNAN, S/O.BALASUBRAMANIAN, MODANKATTIL HOUSE, SHEEBA NIVAS, AMBALAPPARA P.O., OTTAPPALAM TALUK. 4. M.BABURAJ, S/O.BALASUBRAMANIAN, MODANKATTIL HOUSE, SHEEBA NIVAS, AMBALAPPARA P.O., OTTAPPALAM TALUK. 5. SHAJI MATHEW, ASSISTANT COMMANDANT (RETD KERALA ARMED POLICE, MEETNA, NEAR N.S.S COLLEGE, PALAPPURAM, OTTAPPALAM. R1 & R2 BY PUBLIC PROSECUTOR SRI.JAI GEORGE ADV. SRI.T.R.S.KUMAR FOR R3 & R4 ADV.SRI.K.M.FIROZ FOR R5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL.) NO.4 OF 2009-S APPENDIX PETITIONER'S EXHIBITS:- NIL RESPONDENTS' EXHIBITS:- EXT.R1 TRUE COPY OF THE JUDGMENT IN OP NO.136/2008 IN THE FAMILY COURT, MALAPPURAM DATED 17TH SEPT. 2008 EXT.R2 TRUE COPY OF THE LETTER EXT.R3 TRUE COPY OF THE ADVERTISEMENT IN MATHRUBHUMI DATED 1.1.2009 EXT.R4 TRUE COPY OF THE COMPLAINT DT.27.12.08 / TRUE COPY / A.K.BASHEER & THOMAS P.JOSEPH, JJ. ------------------------------------------ W.P.(Crl.) No.4 of 2009 ------------------------------------------ Dated, this the 20th day of January, 2009 JUDGMENT A.K.Basheer, J. Petitioner and respondents 3 to 5 are present in Court. Smt.Sheeba, the alleged detenu, has appeared along with her child Abhinav and respondents 3 and 4, her brothers. 2. Learned Government Pleader submits that Smt.Sheeba was taken into custody by the Ernakulam North Police at about 5.30 A.M. on January 17, 2009 from the Town Railway Station and handed over to Tirur police. It is also brought to our notice that Smt.Sheeba was produced before the Jurisdictional Magistrate on the same day. She was allowed to go with her brothers as desired by her. The detenu was also subjected to medical examination. Reportedly, Smt.Sheeba had informed the police that she was constrained to leave her matrimonial home on December 26, 2008 because of the mental and physical harassment meted out to her by her husband, the petitioner. 3. Smt.Sheeba stated before us that she does not want to go with her husband, for the time being, because she W.P.(Crl.) No.4 of 2009 2 apprehends physical and mental torture from him. Respondents 3 and 4, the brothers of Smt.Sheeba, informed us that they are prepared to take Smt.Sheeba and her child Abhinav along with them, if she desires so. 4. In view of the above facts and circumstances, Smt.Sheeba and her child Abhinav will be free to go with her brothers, respondents 3 and 4. Writ petition is closed. A.K.BASHEER (JUDGE) THOMAS P.JOSEPH (JUDGE) vns