IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(Crl.).No. 378 of 2008(S) PETITIONER: --------------- SAFAB.K., S/O.USEF, AGED 23, KOLLARUNKANDY MEETHAL HOUSE, P.O.KAKKOOR, KOZHIKODE DISTRICT. BY ADV. SRI.K.K.JAYARAJ NAMBIAR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, PALAKKAD. 3. SUB INSPECTOR OF POLICE, PALAKKAD SOUTH POLICE STATION, PALAKKAD. 4. ASSISTANT MANAGER, BSNL, PALAKKAD. THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- W.P.(Crl.) NO. 378 OF 2008 ------------------------------------------------------------- Dated this the 30th October, 2008 JUDGMENT Kurian Joseph, J. This Writ Petition is filed alleging that one Mr.Muraleedharan has been detained by the police illegally. The Writ Petition was filed on 23.10.2008. On 28.10.2008 we issued a direction to the third respondent, Sub Inspector of Police, Palakkad South Police Station, to produce Muraleedharan before this Court. The Sub Inspector of Police has produced Muraleedharan. The alleged detenue, Muraleedharan, submits that he was not detained by the police at any time. The Sub Inspector of Police also submits that Muraleedharan was never even questioned by the police. Muraleedharan, on his own interest, went to the police station to enquire about Crime No.455 of 2008. The petitioner also is present before us. He submits that he is a friend of Muraleedharan and only because he was under the impression that Muraleedharan was detained by the police, this Writ Petition happened to be filed. Even according to the petitioner who is present before us, Muraleedharan had not informed the petitioner that he was detained by the police. Muraleedharan also submits that he was in constant contact with the members of his family and that no member of his family had any complaint of any detention either by the police or anybody else. W.P.(CRL.). NO. 378 OF 2008 :: 2 :: Apparently, the petitioner has filed this Writ Petition with some veiled motive. It is for the police to conduct appropriate investigation in the matter. Since we find that the petitioner has misused the process of this Court, the Writ Petition (Criminal) is dismissed by imposing a cost of Rs.10,000/- on the petitioner. The petitioner shall remit the cost to the Government Treasury, Kozhikode along with a copy of this judgment within a month from today. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/