IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 12TH JANUARY 2009 / 22ND PUSHA, 1930 WP(CRL.).NO. 355 OF 2008(S) -------------------------------------- PETITIONER(S): ----------------------- MINI MARTIN, AGED 37, W/O.MARTIN, ELANJICKAL HOUSE, KARIYARA, OPP.F.MC.T. SCHOOL, MANACKAPADY PARAVUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.JAISON JOSEPH SRI.M.N.SANJITH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. SUB INSPECTOR OF POLICE, VAZHAKULAM POLICE STATION, ERNAKULAM DISTRICT. 3. JOSEPH THOMAS, AGED 46, S/O.M.J.THOMAS, MAMBILLY HOUSE, THATTAMPAPDY KARA, KARUMALOOR VILLAGE, PARUR TALUK. 4. JOHNSON THOMAS,AGED 44, S/O. M.J.THOMAS, MAMBILLY HOUSE, NARACKAL P.O. 5. MARTIN THOMAS AGED 42, S/O.M.J.THOMAS, MAMBILLY HOUSE, NEAR ST.VINCENT CHURCH, KADALIKKAD. 6. PAUL THOMAS AGED 40, S/O.M.J.THOMAS, MAMBILLY HOUSE, NARACKAL P.O. ADDITIONAL RESPONDENT IMPLEADED ----------------------------------------------- 7. M.J. THOMAS, AGED 76 YEARS, S/O.VAREED OUSEPH, MAMPILLY HOUSE, EASTERN STREET, NEAR CHURCH NJARAKKAL, KOCHI IS IMPLEADED AS PER ORDER DATED 19.12.2008 IN I.A. NO.16359 OF 2008 IN W.P(CRL.) 355/08 BY PUBLIC PROSECUTOR SHRI S.U. NAZAR ADV. SRI.A.T.ANILKUMAR FOR R3,5&6 SRI.BABU KARUKAPADATH FOR ADDL.R7. SMT.M.A.VAHEEDA BABU FOR ADDL.R7. SRI.JAGAN GEORGE FOR ADDL.R7. SRI.K.A.NOUSHAD FOR ADDL.R7. SRI.P.G.PRAMOD FOR ADDL.R7. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(CRL.) NO.355 OF 2008 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE LETTER BY THE DETENU ADDRESSED TO THE VICAR OF NARAKAL CHURCH DATED 4.10.2008. EXHIBIT P2 SERIES TRUE COPY OF MEDICAL CERTIFICATE. RESPONDENTS' EXHIBITS: NIL ------------------------------------ A.K. BASHEER & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = W.P(CRL.) No.355 of 2008. = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of January, 2009 J U D G M E N T ---------------------- Basheer, J. When this Writ Petition came up for further consideration before us today, learned counsel for the petitioner submitted that the Writ Petition may be closed with liberty to the petitioner to pursue the remedies available to her before a competent Forum in accordance with law and without prejudice to all the contentions raised in this petition. 2. In our view the above submission is totally justified in the facts and circumstances of the case, particularly in view of the contentions raised by the parties including the alleged detenu who was impleaded as additional respondent No.7 on his own motion. 3. Undoubtedly the issues that have cropped up fall within the realm of disputed questions of fact. Significantly, respondent No.7, who is admittedly deaf and dumb, has stoutly denied the allegation that he is in illegal custody of any of his sons. At the same time he has made certain allegations against the petitioner. 4. But it is evident from the pleadings and conduct of the parties in this case, that it is the wealth of the old man which is the W.P(CRL.) No.355 of 2008 -: 2 :- root cause of this turmoil in the family. The 76 year old man with his disability is unfortunately caught in the crossfire. Any how, since he is not in illegal custody, no further orders need be passed. 5. Therefore, the Writ Petition is closed with liberty to the petitioner and the party respondents to establish their respective rights, if any, in accordance with law before a competent Forum. We make it clear that we have not considered the merit of any of the contentions raised by the parties. Writ Petition is closed in the above terms. A.K. BASHEER, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv