IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(Crl.).No. 445 of 2009(S) --------------------------- PETITIONER(S): --------------- SHAMEER N.K., CHALIL HOUSE,PARAMBAI,P.O.MAMBARAM, VIA PINARAYI,KANNUR DISTRICT. BY ADV. SRI.SALIM V.S. SRI.M.K.HARIKUMAR RESPONDENT(S): --------------- 1. DIRECTOR GENERAL OF POLICE, KERALA,THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE,KANNUR. 3. DEPUTY SUPERINTENDENT OF POLICE, THALASSERY. 4. C.I.OF POLICE,KANNUR, KANNUR TOWN POLICE STATION. GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.445 of 2009 ---------------------------------------- Dated this the 6th day of November 2009 J U D G M E N T Basant,J The petitioner has come to this court with the grievance that his brother Majeed Parambai is illegally detained by the respondents. According to the petitioner, the said detenu was taken into custody on 28/10/2009 and he was not produced before any court. He was being illegally detained in custody, complained the petitioner. The petitioner prayed that a writ of habeas corpus may be issued to produce the alleged detenu. 2. This petition was filed on 02/11/2009. The same was admitted on the same day and was posted to this date with directions to the learned Government Pleader to take instructions. 3. Today when the matter came up for hearing, the learned Government Pleader submits that the alleged detenu, the brother of the petitioner - by name Majeed Parambai was arrested on 03/11/2009 at 16.30 hrs by the Kannur police. He is wanted in more than one crime. He was produced before the W.P.Crl No.445 of 2009 2 learned Judicial First Class Magistrate Court-II, Kannur on 03/11/2009 itself. He has been remanded to judicial custody and he is continuing in such custody in Central Prison, Kannur. In these circumstances, the learned Government Pleader submits that no further directions are necessary in this petition. 4. The learned counsel for the petitioner accepts that the alleged detenu has now been produced before the learned Magistrate and he is now in judicial custody. But the learned counsel for the petitioner submits that the submission of the learned Government Pleader that the alleged detenu was arrested only on 03/11/2009 is absolutely incorrect. 5. We are satisfied that it is not necessary for us to delve deeper into that controversy now. Without prejudice to the rights of the petitioner and the said detenu to raise appropriate contentions before appropriate fora that he was not taken into custody as alleged by the police on 03/11/2009 and that he was actually in custody much earlier, we are satisfied that this petition for issue of a writ of habeas corpus can now be dismissed as unnecessary. 6. In the result, this writ petition is dismissed. We make it clear that the dismissal of this writ petition will not in any way W.P.Crl No.445 of 2009 3 fetter the rights of the petitioner as also the alleged detenu to raise appropriate contentions before appropriate fora that he was not arrested on 03/11/2009 as now contended by the police and that actually he was arrested much earlier. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.Crl No.445 of 2009 4 W.P.Crl No.445 of 2009 5 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009