IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(Crl.).No. 63 of 2009(S) -------------------------- PETITIONER(S): --------------- VARGHESE M.A., AGED 62 YEARS, S/O. M.K. ANTONY, MALIYEKKAL HOUSE, ELAMAKKARA, ERNAKULAM. BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.P.P.BIJU RESPONDENT(S): --------------- 1.THE ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA. 2.THE STATION HOUSE OFFICER, KALAMASSERY POLICE STATION, KALAMASSERY. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. BASHEER & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- W.P.(Crl.) No. 63 OF 2009 --------------------------------------------------------- Dated this the 12th day of February, 2009 JUDGMENT Basheer, J. This Writ Petition was moved in the forenoon on an urgent motion. Learned counsel for the petitioner submitted before us that two brothers, namely, Jinto Antony Gilbert and Saldo Kurian Gilbert who are studying for the M.B.B.S. and B.Tech course respectively have been detained by Kalamassery Police without any known or valid reasons since the last four days. The learned Government Pleader was directed to get instructions in the matter and the case was directed to be called after lunch. The learned Government Pleader submits that the Circle Inspector of Police, Kalamassery is present in Court. 2. It is submitted by the learned Government Pleader that Mr. Jinto Antony Gilbert was in fact arrested by the police in Crime No.223 of 2009 of Kalamassery Police Station for a charge under Section 420 I.P.C. along with three others who are the parents and younger brother of the arrestee. It is also brought to our notice that Mr. Jinto Antony Gilbert has already W.P.(Crl.)NO.63/2009 2 been released on bail by the Judicial Magistrate of the First Class II, Alwaye on his production before the said court. 3. It is further submitted by the learned Government Pleader that Mr. Saldo Kurian Gilbert has not so far been arrested though he is also arrayed as an accused in the above crime. Similarly, accused Nos.1 and 2, the parents of the other two accused are still at large. In view of the above facts and circumstances, we do not deem it necessary to keep this Writ Petition pending on the file of this Court any further. The Writ Petition is closed recording the above developments. (A.K. BASHEER) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(Crl.)NO.63/2009 3 A.K. BASHEER & C.T. RAVIKUMAR, JJ. W.P.(Crl.) No.63/2009 JUDGMENT 12th February, 2009 W.P.(Crl.)NO.63/2009 4