IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(Crl.).No. 353 of 2010(S) --------------------------- PETITIONER: --------------- CHANDRASEKHARAN K.S, AGED 34 YEARS, S/O.LATE SUKUMARAN KUTTY, REISIDNG AT SREEKRISHNA VILASAM, AYIKKUNNAM, SASTHAMKOTTA P.O.,KOLLAM - 690521. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR RESPONDENTS: --------------- 1. DISTRICT SUPERINTENDENT OF POLICE, KOZHIKODE(RURAL)VADAKARA 2. CIRCLE INSPECTOR OF POLICE, THAMARASSERY, KOZHIKODE 3. SUB INSPECTOR OF POLICE, THIRUVAMBADY POLICE STATION,KOZHIKODE 4. JOHNSON, ORANGATTUKUNNEL, KOOMBARA P.O., KOODARANJI,KOZHIKODE-673604 5. SHEEBA JOHNSON, ORANGATTUKUNNEL, KOOMBARA P.O.,KOODARANJI, KOZHIKODE-673604. SRI.GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** W.P(Crl) No.353 of 2010 ***************************** Dated this the 15th day of October, 2010 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce Reshma, a young woman, aged 23 years, with whom he is said to be in love. It is his grievance that Reshma, the alleged detenue, is being illegally detained by respondents 4 and 5. Respondent No.4 is a cousin of the alleged detenue Reshma and respondent No.5 is the wife of the 4th respondent. Respondents 4 and 5, who do not approve of the relationship between the petitioner and the alleged detenue, are allegedly detaining her, the petitioner complained. 2. This petition was filed on 08.09.2010. It was thereafter posted to 09.09.2010, 16.09.2010, 23.09.2010 and 04.10.2010. We were not prima facie satisfied that there was any element of illegal detention or confinement. We therefore did not admit the petition and granted time to the learned counsel for the petitioner to take instructions and make submissions. W.P(Crl) No.353 of 2010 2 3. Today when the case is called, the petitioner is present. A young girl, who claims herself to be Reshma involved in the petition, has also appeared before Court. The learned counsel for the petitioner submits that as the alleged detenue has now come away from the confinement of respondents 4 and 5, the petitioner does not want to seek any further relief in this petition. He prays that the alleged detenue may be permitted to live along with the petitioner herein. 4. We interacted with the alleged detenue Reshma by name. She introduces herself as the alleged detenue in this case. Photographs produced as Ext.P2 appear to be old photographs. Any how we note that they roughly tally with the alleged detenue. There is no other way of ascertaining the identity of the alleged detenue now. We are now satisfied that no further directions are necessary in this Writ Petition as the alleged detenue is not admittedly under any confinement now. We do not think any further directions are necessary in the matter. We take note that the alleged detenue, who appeared before Court, has stated that she wants to go along with the petitioner. She is at liberty to do so even without any directions of this Court. W.P(Crl) No.353 of 2010 3 5. This Writ Petition is, in these circumstances, dismissed with the above observations. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/ W.P(Crl) No.353 of 2010 4 R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** W.P(Crl) No.353 of 2010 ***************************** Dated this the 23rd day of September, 2010 ORDER BASANT, J. The learned counsel for the petitioner submits that the petitioner has received some information now from a relative of the alleged detenue that the alleged detenue is afflicted with H1 N1 fever and is admitted in Appollo Hospital at Adayar at W.P(Crl) No.353 of 2010 5 Chennai. The petitioner, in these circumstances, is proceeding to Chennai to ascertain the truth and correctness of that information. In these circumstances, this Writ Petition may be posted to a later day, prays the learned counsel for the petitioner. 2. Request is accepted. Call on 04.10.2010 for further submission of the counsel. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/