IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(Crl.).No. 211 of 2010(S) --------------------------- PETITIONER : --------------- MR.GOPALAKRISHNAN, PANDARATHIL HOUSE, HARIPAD (P.O), ALLEPPEY (DT). BY ADV. SRI.C.C.PADMAKUMAR RESPONDENTS: --------------- 1. THE CITY POLICE COMMISSIONER, O/O.COMMISSIONER OF POLICE, KOCHI. 2. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 3. THE CIRCLE INSPECTOR OF POLICE, ADOOR, PATHANAMTHITTA. 4. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA. 5. THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.211 of 2010 ********************* Dated this the 9th day of June, 2010 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his son, Abhijith, aged 21 years. According to the petitioner, his son (Abhijith), the alleged detenu, was arrested along with his wife and child on 02.06.2010 from Adoor by the 4th respondent. Wife and child of the alleged detenu were produced before the Magistrate having jurisdiction. But the petitioner's son, the alleged detenu, is illegally confined and detained in police custody. It is with these averments that this petition has been filed on 07.06.2010. 2. The petition was admitted on 08.06.2010 and notice was ordered to the learned Government Pleader. The learned Government Pleader today submits that it is incorrect to say that the petitioner's son was arrested by the police on 02.06.2010 along with the said lady, ie. Soumya and her child. According to the police, the petitioner's son Abhijith is not the husband of the W.P(Crl.) No.211 of 2010 2 said Soumya. The said Soumya and the petitioner's son are involved in several crimes relating to alleged abduction of young girls. Soumya and her child were taken into custody and were produced before the Magistrate. But the petitioner's son was not arrested on 02.06.2010. The learned Government Pleader disputes the assertion that the petitioner's son was taken into custody along with the said Soumya on 02.06.2010. In these circumstances, the learned Government Pleader submits that this petition is without any merit. 3. Be that as it may, the learned Government Pleader submits that the petitioner's son Abhijith has been arrested on 07.06.2010 by the Central Police, Ernakulam in connection with another crime for an offence under Section 306 I.P.C. He has been arrested in accordance with law observing all statutory formalities and in due compliance with all the directions of the Supreme Court. He has, in accordance with law, been produced before the Magistrate, ie. Judicial Magistrate of the First Class- II, Ernakulam on 08.06.2010. He has been remanded to custody. He is thus in judicial custody after arrest in Crime No.1316 of 2010 of Central Police Station, Ernakulam. The learned Government Pleader submits that, in these circumstances, this petition is misconceived. W.P(Crl.) No.211 of 2010 3 4. The learned counsel for the petitioner asserts that the son of the petitioner was taken into custody on 02.06.2010 and not on 07.06.2010 as alleged by the police now. The alleged detenu having already been arrested and he having already been produced before the learned Magistrate, we do not think it necessary to delve deeper into the controversy as to whether he was arrested on 02.06.2010 as alleged by the petitioner or on 07.06.2010 as admitted by the police. That controversy can be raised and resolved before appropriate fora. 5. This Writ Petition is, in these circumstances, dismissed recording the above facts, making it clear that the dismissal of the Writ Petition will not in any way fetter the rights of the petitioner or his son, the alleged detenu, to raise the grievance of alleged illegal custody from 02.06.2010 to 07.06.2010 before appropriate fora. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/