IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(Crl.).No. 540 of 2009(S) ------------------------------------- PETITIONER(S): ---------------------- DR.JOSEPH SEBASTIAN THEKEDAM, S/O.SEBASTIAN.T.G, AGED 49 YEARS,THEKKEDATHU HOUSE, SHANTHI NAGAR,INDUSTRIAL NAGAR.P.O,CHANGANACHERRY, KOTTAYAM DISTRICT. BY ADV. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER RESPONDENT(S): ------------------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY DEPARTMENT OF HOME AFFAIRS,GOVERNMENT SECRETARAIT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE,KOTTAYAM. 3. CIRCLE INSPECTOR OF POLICE, CHANGANACHERRY,KOTTAYAM. 4. SHERLY MARY THOMAS,HAVING PERMANENT RESIDENCE AT PALAMOOTTIL HOUSE,NELLIMALA.P.O, ERAVIPEROOR,PATHANAMTHITTA DISTRICT. AND PRESENTLY RESIDING AT SONY VILLA,KUTTAPUZHA.PO THIRUVALLA-689 103. R1 TO R3 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & P.Q.BARKATH ALI, JJ. ------------------------------------------------------ W.P.(Crl) No.540 of 2009-S ---------------------------------------------- Dated, this the 5th day of January, 2010 J U D G M E N T K.M.Joseph, J. This writ petition is filed seeking a writ of Habeas Corpus directing respondents 1 to 3 to produce petitioner's wife and minor son from the illegal custody of 4th respondent or anybody acting under her and set them free with the petitioner. 2. By order of this Court dated 18.12.2009 petitioner was permitted to interact with his wife with the aid of police. 3. Today when the matter came up, learned counsel for the petitioner submitted that petitioner had interacted with his wife and she expressed her unwillingness to come back with the petitioner. In the light of this development we see no reason to permit the petitioner to pursue this writ petition. The writ petition is dismissed without WP (Crl.) 540/2009 -2- prejudice to any other remedy which the petitioner has in law. (K.M.JOSEPH) JUDGE. (P.Q.BARKATH ALI) JUDGE. MS