IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(Crl.).No. 82 of 2009(S) -------------------------- PETITIONER: --------------- MAHITHA, AGED 29 YRS,D/O.VELAYUDHAN, MANTHRUM VEETTIL, KOTTAPPADY.P.O,THRISSUR DIST. BY ADV. SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD RESPONDENTS: --------------- 1. CIRCLE INSPECTOR OF POLICE,GURUVAYOOR, THRISSUR DISTRICT. 2. SUB INSPECTOR OF POLICE,GURUVAYOOR, THRISSUR DISTRICT. 3. PAUL, S/O.LONA,PULIKKOOTTIL VEETTIL, NEAR HARIKANNIAKA TEMPLE, ARIYANNUR,THRISSUR DIST. ADDL.R4 IMPLEADED: THE ADMINISTRATOR OF BISHOP VAYALIL MEDICAL CENTRE, MOOLAMATTOM (PO), IDUKKI. SUO MOTO IMPLEADED AS ADDL.R4 AS PER ORDER DATED 5/3/2009 IN WP.(CRL.)NO.82/2009 ADV. SRI.K.RAMACHANDRAN FOR R3 SRI.S.SREEDEV FOR R3 P.P.SRI. JAI GEORGE THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE NOTICE OF INDENTED MARRIAGE UNDER THE SPECIAL MARRIAGE ACT PUBLISHED BY THE MARRIAGE OFFICER OF KOTAPPADY IN THE NOTICE BOARD DTD 8.1.2009. EXT.P2 COPY OF THE ORDER IN M.P.NO.1088/09 ON THE FILE OF THE JFCM, CHAVAKKAD. /TRUE COPY/ cl A.K.BASHEER & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(CRL)No.82 OF 2009-S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2009 JUDGMENT Basheer, J: Petitioner is present in court. The Administrator of Bishop Vayalil Medical Centre, Moolamattom, additional respondent No.4 herein, is also present. 2. Dr. Annie Cyriac, Chief Psychiatrist and Dr. Edward George, Clinical Psychologist, attached to the hospital referred to above, have filed a statement before us, the last paragraph of which reads thus: “MSE: Craving for alcohol, increased psychomotor activity, disinhibited talk and behavior, increased libido, flight of ideas, pressure of speech and irritable and annoyed. Treatment started with the following Provisional Diagnosis: Alcohol dependency syndromes -currently using the substance (F 10), Alcohol Induced Psychotic Disorder - Predominantly Manic symptoms (F1x5.55). Mr. Francis was treated and some positive change could be seen. In the second phase of the treatment he was evaluated with psychometry and it revealed that he is a person of Dissocial Personality Disorder-F 60.2. Now along with the Pharmacological Intervention Psychotherapy is initiated and he is slowly gaining normal state of life. He needs another 30 days of I P base treatment and regular follow up treatment subsequently”. 2 W.P.(Crl)No.82/09 3. Evidently the alleged detenu is undergoing treatment for some kind of alcohol related illness. According to the petitioner, detenu does not suffer from any mental illness or problem as alleged by his brother, respondent No.3 herein. She further alleges that the detenu is being illegally detained in the hospital with an ulterior motive to keep him away from living with the petitioner and also from getting married to her. 4. We do not propose to deal with the various contentions raised by the petitioner in this writ petition and the counter allegations made by respondent No.3 in his counter affidavit, at this stage. Prima facie we are satisfied that the allegation now made by the petitioner that Sri. Francis, brother of respondent No.3, is under illegal detention cannot be said to be correct especially in view of the report filed by the Chief Psychiatrist and the Clinical Psychologist. We have also perused the medical records produced by respondent No.3 along with his counter affidavit. 5. Keeping in view all the above facts and circumstances, we are not satisfied that the prayer made in the writ petition can be allowed. Therefore, we reject the said prayer. However, it is made clear that it will be open to the petitioner to pursue the remedies, if any available to her, at a later stage, if law permits. The writ petition is closed. (A.K.BASHEER, JUDGE) (P. BHAVADASAN, JUDGE). cl 3 W.P.(Crl)No.82/09