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 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(Crl.).No. 511 of 2009(S) --------------------------- PETITIONER: --------------- SUPRAN, AGED 52, S/O. PRABHAKARAN, NIKARTHIL HOUSE, PANAVALLY P.O., CHERTHALA, ALAPPUZHA DIST. BY ADV. SRI.SHAJI THANKAPPAN RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, POOCHAKKAL POLICE STATION, CHERTHALA. 2. THE SUB INSPECTOR OF POLICE, PANANGADU POLICE STATION, KUMBALAM, ERNAKULAM. 3. THE CITY POLICE COMMISSIONER, KOCHI CITY, ERNAKULAM. 4. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 5. THE STATE OF KERALA, REPRESENTED BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. SMITHA SUKSUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL)NO. 511 OF 2009 ============================ DATED THIS THE 7TH DAY OF DECEMBER 2009 JUDGMENT Basant,J. The petitioner is the father of one Sumesh, an adult person aged about 24 years. The petitioner alleges that his son, the said Sumesh has been illegally detained by the police from 26-11-2009. The alleged detenu was not produced before any court. It is in these circumstances that the petitioner came to this Court with this petition for issue of a writ of habeas corpus on 2-12-2009. This petition was admitted on 3-12-2009 and was posted to this date to enable the learned Government Pleader to take instruction. 2. Today when the matter came up for hearing, the learned Government Pleader submits that the son of the petitioner, the said Sumesh has been arrested as an accused in Crime No.1390/2009 of Panangad Police station on 5-12-2009. He was WPCRL.511/2009 -2- produced before the learned Additional Chief Judicial Magistrate, Ernakulam on 6-12-2009. He has been remanded to judicial custody and continues in judicial custody now in the Sub Jail, Mattancherry. In these circumstances, there is no illegal detention or confinement of the petitioner's son, Sumesh. This writ petition may be dismissed, submits the learned Government Pleader. 3. The learned counsel for the petitioner submits that the petitioner accepts that the petitioner's son has been produced before the learned Additional Chief Judicial Magistrate on 6-12-2009. However, the petitioner submits that it is incorrect to say that the petitioner's son was arrested on 5-12-2009. He was illegally and unjustifiably detained in custody from 26-11-2009, submits the learned counsel for the petitioner. It having been accepted that the petitioner's son is now in judicial custody, we are satisfied that it is not necessary for us to delve deeper into the disputed question about the precise date on which he was taken into custody. Admittedly, he is not now in custody or detention. We are in these circumstances satisfied that giving WPCRL.511/2009 -3- option for the petitioner and his son to initiate appropriate proceedings and seek appropriate reliefs before the appropriate authorities on the ground that the alleged detenu has been detained from 26-11-2009, this writ petition can be dismissed. 4.In the result: a) This writ petition is dismissed. b) We may hasten to observe that the dismissal of this writ petition will not in any way fetter the rights of the petitioner and/or his son, the alleged detenu, to seek appropriate relief from appropriate court on the ground that he was arrested and detained not on 5-12-2009 as now contended by the respondents but earlier – with effect from 26-11-2009. Sd/- R. BASANT, JUDGE Sd/- M.C. HARI RANI,JUDGE ks. TRUE COPY WPCRL.511/2009 -4-