IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(Crl.).No. 336 of 2008(S) PETITIONER: SHEMEEM K.HASHIM, S/O.HASHIM Y.SAIT, ASHIYANA, POILISSERY POST, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.S.B.PREMACHANDRA PRABHU RESPONDENTS: 1. JOSE SAMUEL, PUTHENVILAYIL HOUSE VAKAYAR PO., KONNI, PATHANAMTHITTA DISTRICT. 2. SALY SAM JOSE, W/O.JOSE SAMUEL PUTHENVILAYIL HOUSE, VAKAYAR PO., KONNI PATHANAMTHITTA DISTRICT.. 3. GEORGE KUNNAPPUZHA, PULLAD, PATHANAMTHITTA DISTRICT. 4. SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 5. CIRCLE INSPECTOR OF POLICE, KOZHENCHERRY CIRCLE, KOZHENCHERRY. 6. SUB INSPECTOR OF POLICE, KOYIPRAM POLICE STATION KOYIPRAM, PATHANAMTHITTA. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ----------------------------------------- W.P(Crl)No.336 of 2008 ----------------------------------------- Dated this the 7th day of October, 2008 JUDGMENT Kurian Joseph,J. The writ petition is filed with the following prayer:- a) Issue a writ of Habeas Corpus to the respondents, particularly respondents 4 to 6, to produce the body of Sri.Manu Sam Jose before this Hon'ble Court and to ensure his release so as to enable him to freely move about. Petitioner claims to be the friend of the alleged detenu. Even going by the allegations in the writ petition, the alleged detenu is with his parents and relatives. It is also seen that the detenu himself has used the telephone of his parents to speak to the petitioner. Learned Government Pleader Sri.Mohammed Anzar, on written instruction from the Circle Inspector of Police, Kozhencherry, submits that Sri.Manu Sam Jose is not in the illegal custody of any person. He is living as a free person with his parents. His own statement has been recorded by the Circle Inspector of Police to the effect that he is a free person. Therefore, we do not find any merit in the writ petition. The alleged detenu, who is an Engineering graduate, aged 22 years, W.P(Crl)No.336 of 2008 -:2:- is living with his parents out of his own free will. Therefore, the petitioner, who claims to be the friend of Manu Sam Jose, need not have any apprehension otherwise. The writ petition is accordingly dismissed. (KURIAN JOSEPH, JUDGE) (K.T.SANKARAN, JUDGE) ahg. KURIAN JOSEPH & K.T.SANKARAN, JJ. --------------------------- W.P(Crl)No.336 of 2008 ---------------------------- JUDGMENT 7th October, 2008