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 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(Crl.).No. 331 of 2010(S) --------------------------- PETITIONER(S): --------------- MEENAKSHI, D/O.BHASKARAN AGED 72 KARIMBINKARA, CHIRAKKAL, KANNUR DISTRICT 670 001 BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, KANNUR DISTRICT 670 001 2. SUB INSPECTOR OF POLICE VALAPATTANAM POLICE STATION, KANNUR. SR. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl) No.331 of 2010 ---------------------------------------- Dated this the 16th day of August 2010 J U D G M E N T Basant,J The petitioner has come to this Court with this petition raising a grievance that her son Sri.Prahladhan, a person aged above 45 years, has been arrested and detained by the second respondent at the Valapattanam police station, Kannur. According to the petitioner, detention of her son by the police is illegal and unjustified. It is, in these circumstances, that she came before this Court with this petition on 13/8/2010. 2. The petition was admitted on the same day and notice was ordered to the respondents. The learned Government Pleader took notice. The learned Government Pleader was directed to take instructions and the matter was posted to this date. Today when the case came up for hearing, the learned Government Pleader submits that the petitioner's son, the alleged detenu Sri.Prahladhan was arrested by the Mattannur police as accused in crime No.627/2010 registered at that police station. He was produced before the learned Magistrate on W.P.(Crl) No.331 of 2010 2 12/08/2010. He continues in custody from that date. Long prior to the filing of this petition, the alleged detenu had already been produced before the learned Magistrate and had been remanded to custody. In these circumstances, there is no merit or substance in the grievance that the petitioner's son Sri.Prahladhan is under illegal custody of respondents 1 and 2, submits the learned Government Pleader. 3. The learned counsel for the petitioner now accepts that the alleged detenu Sri.Prahladhan has already been produced before the learned Magistrate having jurisdiction on 12/08/2010. But the learned counsel submits that it is a totally false case registered against the son of the petitioner. According to the petitioner, the alleged detenu had been taken into custody as early as on 07/08/2010 and he was kept under illegal confinement and detention till 12/08/2010. In these circumstances, it is submitted that the illegal detention of the petitioner's son, the alleged detenu by respondents 1 and 2 from 07/08/2010 to 12/08/2010 is unjustified. We do not think it necessary to delve deeper into the controversy about the date on which the alleged detenu was arrested by the police. We need W.P.(Crl) No.331 of 2010 3 only mention that it having been brought to our notice that the alleged detenu had already been produced before a Judicial Magistrate having jurisdiction prior to the filing of this petition, we are satisfied that it is not necessary now to issue a writ of habeas corpus. 4. This writ petition is accordingly dismissed. But we may hasten to observe that the dismissal of this petition will not in any way fetter the rights of the petitioner or the alleged detenu Sri.Prahladhan to raise appropriate contentions before appropriate fora that the alleged detenu has been illegally detained from 07/08/2010 to 12/08/2010. Dismissal of this writ petition is subject to the above specific observations. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.(Crl) No.331 of 2010 4 W.P.(Crl) No.331 of 2010 5 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 19/07/2010