IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(Crl.).No. 19 of 2010(S) ------------------------------------ PETITIONER(S): ---------------------- FAJRUSADIK, S/O.YOOSEF, AGED 24 YEARS, RESIDING AT KELOTHTHAZHEKUNIYIL P.O. PANOOR, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.P.V.SURENDRANATH SRI.P.K.RAMKUMAR RESPONDENT(S): ------------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE RURAL KANNUR DISTRICT, P.O.KANNUR. 2. THE SUB INSPECTOR OF POLICE, PANOOR POLICE STATION, P.O.PANOOR, THALASSERY, KANNUR DISTRICT. 3. HAMSA, S/O.FATHER'S NAME NOT KNOWN, AGED ABOUT 58 YEARS, RESIDING AT VAISHARAVIDA(H), PACHAPARAMBATH, PANOOR P.O., KANNUR DISTRICT. 4. SHAKKEELA, W/O.HAMSA, AGED ABOUT 48 YEARS, DO. 5. DETENU: SHABANATH HAMSA, D/O.HAMSA, RESIDING AT VAISHARAVIDA HOUSE, PACHAPARAMBATH, PANOOR P.O., KANNUR DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. R5 BY ADV. SRI.P.K.IBRAHIM THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 19 of 2010 APPENDIX: PETITIONER'S EXHIBITS: EXT.P1..TRUE COPY OF THE PASSPORT OF THE PETITIONER VALID FROM 16.7.04 TO 15.7.2014. EXT.P2..TRUE COPY OF THE BIRTH CERTIFICATE OF THE 5TH RESPONDENT. EXT.P3..TRUE COPY OF THE STATEMENT GIVEN BY THE 5TH RESPONDENT BEFORE ACJM THALASSERY ON 10.12.09. EXT.P4..TRUE COPY OF THE 3 LOVE LETTERS WRITTEN BY THE 5TH RESPONDENT TO THE PETTITIONER. RESPONDENT'S EXHIBITS: EXT.R5A..TRUE COPY OF THE AFFIDAVIT FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THALASSERY DATED 23.12.2009. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(Crl.) No.19 of 2010-S ---------------------------------------------- Dated, this the 4th day of February, 2010 J U D G M E N T K.M.Joseph, J. This is the second round of litigation. Earlier we had rejected a Habeas Corpus petition filed by the very same petitioner. However, making an allegation that after the Court passed the order the detenu was not prepared to go with the parents and later on the petitioner came to know that there is an attempt to commit suicide, the petitioner filed this writ petition. 2. A counter affidavit has been filed by the alleged detenu herself. In the light of the above, we see no reason to permit the petitioner to pursue this writ petition. Accordingly, the writ petition fails, and it is dismissed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS