IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 WP(Crl.).No. 463 of 2010 S --------------------------------------------- PETITIONER(S): --------------------- E.A.KRISHNANKUTTY, ROOPESH BHAVAN, GANDHINAGAR P.O., KOTTAYAM. BY ADV. SRI.A.K.HARIDAS RESPONDENT(S): ------------------------ 1. THE SUB INSPECTOR OF POLICE, GANDHINAGAR POLICE STATION, KOTTAYAM. PIN: 686 601. 2. SHEENAMOL, AGED 37 YEARS, D/O.P.A.SALIM, SHEEJA MANZIL, (MADUTHOTTIL PARAMBIL), GANDHINAGAR P.O. PIN: 686 601. 3. ANISH K.R., S/O.RAVINDRAN, KADALIKALAYIL HOUSE, PERUMBAILKADE P.O., KOTTAYAM.PIN: 686 601. R1 BY SENIOR GOVERNMENT PLEADER SHRI P.K. BABU. ADV. SRI.PMA.KALAM FOR R3 SRI.C.ANILKUMAR (KALLESSERIL) FOR R3 SRI.C.Y.VINOD KUMAR FOR R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(CRL).NO.463 OF 2010 S PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE A LEVEL EXAMINATION CERTIFICATE OF ROOPESH. EXT.P2 TRUE COPY OF THE COMPLAINT DATED 17/11/2010 BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //True Copy// PS to Judge K.M. JOSEPH & M. C. HARI RANI, JJ. ----------------------------------------- W.P.(CRL).NO. 463 OF 2010 S ------------------------------------------ Dated this the 3rd January, 2011 JUDGMENT K.M. Joseph, J. Though this case is not posted today, we take up the matter, since the learned Government Pleader mentioned that the alleged detenu has been traced out and he has been produced today. Accordingly, we call this case and dispose it of. 2. Petitioner has approached this Court seeking a Writ of Habeas Corpus commanding respondents 1 to 3 to produce the body of his son Roopesh K. Nair. 3. Briefly put, the case of the petitioner is as follows: Petitioner's son Roopesh K. Nair, aged 23 years, is a student at the Polytechnic, Dindigal, Tamil Nadu. He is staying in the college hostel. It is, in short, his case that the the second respondent with the aid of the third respondent took away the WP(CRL).NO.463/2010 S 2 petitioner's son to some unknown place. The second respondent is the wife of one Mr. Sally, employed in a Gulf Country. The second respondent is aged about 37 years and is the mother of three children under the wedlock with the said Mr. Sally. Third respondent is the driver of second respondent and he was helping the second respondent in her husband's absence. Petitioner's son is aged 23 years and passed only A level examination conducted by the Government of Kerala. He has problem in his heart valve. He is not fully school educated as well as immature in character. After filing Ext.P2 complaint before the first respondent, the petitioner is before us. 4. Today, when the matter came up, the alleged detenu was produced before us. Though served, there is no appearance for the second respondent. 5. The alleged detenu, Shri Roopesh K. Nair, would submit that he went away with the second respondent. He would, of course, deny the case of illegal detention. But, at the same time, he WP(CRL).NO.463/2010 S 3 would submit that as of now, he would like to go with his parents. In the light of these submissions, we close the Habeas Corpus Petition, leaving it free to the alleged detenu to go with his father. 6. Learned Government Pleader would point out that Crime No.1035 of 2010 of the Gandhi Nagar Police Station has been registered for man missing. In the light of the fact that the alleged detenu has been produced before us and the Order which we have passed, Crime No.1035 of 2010 of the Gandhi Nagar Police Station is ordered to be closed. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True Copy// PS to Judge WP(CRL).NO.463/2010 S 4