IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(Crl.).No. 505 of 2009(S) --------------------------- PETITIONER(S): --------------- KUNHAMMED,S/O.MOIDU,AGED 67 YEARS, NADUPARAMBATH HOUSE,OLAVILAM.P.O, THALASSERY TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. THE DIRECTOR,V.R.C.HOSPITAL AND REHABILITATION CENTRE,VETTOM.P.O,TIRUR-2, MALAPPURAM DISTRICT. 2. FIROZ,S/O.MOOSA,MOOSAS THADATHIL HOUSE, P.O.KOROTH ROAD,AZHIYOOR,CHOMBAL, VADAKARA TALUK. 3. FYJAS,S/O.MOOSA,MOOSAS THADATHIL HOUSE, P.O.KOROTH ROAD,AZHIYOOR,CHOMBAL, VADAKARA TALUK. 4. THE SUB INSPECTOR OF POLICE, CHOMBAL POLICE STATION. 5. THE RURAL SUPERINTENDENT OF POLICE, VADAKARA. 6. THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.505 of 2009 ---------------------------------------- Dated this the 9th day of December 2009 J U D G M E N T Basant,J The petitioner has filed this petition for issue of a writ of habeas corpus to search for, trace and produce his first cousin, one Moosa, the alleged detenu, who, according to him, was being illegally detained and confined at the institution of the 1st respondent at the interests of respondents 2 and 3, who are none other than the children of the said detenu Moosa. 2. This petition was filed on 01/12/2009. When this petition came up for admission on 02/12/2009, this court was not satisfied that notice need be issued. Accordingly, we directed the learned Government Pleader to take instructions and apprise this court of the details regarding the allegations raised. 3. Today when the case came up for hearing, the learned Government Pleader submits that the alleged detenue, who was admitted to the institution of the 1st respondent, has now been discharged. He is present in court. The learned Government Pleader submits that the police is satisfied that there is no W.P.Crl No.505/09 2 element of illegal detention or confinement. The learned counsel for the petitioner submits that the petitioner is now satisfied that the alleged detenu is not under any illegal confinement or detention. The learned counsel for the petitioner, in these circumstances, prays that this petition may be dismissed. 4. We are satisfied, in these circumstances, that no further directions are necessary in this writ petition. Having satisfied ourselves that there is no illegal detention or confinement, we accept the request of the learned counsel for the petitioner that this petition can now be dismissed as not pressed. 5. This petition is accordingly dismissed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.Crl No.505/09 3 W.P.Crl No.505/09 4 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009