IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(Crl.).No. 537 of 2009(S) --------------------------- PETITIONER: --------------- SMT.SALI, AGED 49 YEARS, W/O.SUNNY, THURUTHIPPALLIL HOUSE, BETHEL P.O., MELE CHINNAR, IDUKKI DISTRICT. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENT(S): --------------- 1. THE SP OF POLICE, KOTTAYAM. 2. THE SI OF POLICE, EAST POLICE STATION, KOTTAYAM. 3. THE SI OF POLICE, WEST POLICE STATION, KOTTAYAM. BY GOVT.PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.537 OF 2009 ----------------------------------------------------- DATED THIS THE 17th DAY OF DECEMBER, 2009 J U D G M E N T Basant, J. The petitioner is the mother of the alleged detenu one Sanoj Joseph, aged 24 years. She has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce her son, the alleged detenu. This petition was filed on 14.12.2009. The same was admitted on 15.12.2009 and notice was ordered to the respondents. 2. Today when the case came up for hearing, the learned Government Pleader submits that the son of the petitioner is not under any illegal custody. He has been arrested on the night of 11.12.2009 and taken into custody as the accused in Crime No.802/09. Later, his arrest was recorded in Crime Nos.803/09, 805/09 and 808/09 also. He was accordingly produced before the Judicial First Class Magistrate -I and Chief Judicial Magistrate, Kottayam on 12.12.2009. He has been remanded to custody till 24.12.2009 and is now in judicial custody. In these W.P.(Crl.)537/09 -2- circumstances, this petition may now be dismissed, submits the learned Government Pleader. 3. The learned counsel for the petitioner accepts that the son of the petitioner has already been produced before courts and is now continuing in judicial custody. However, the learned counsel submits that the son of the petitioner was arrested not on 11.12.2009 as alleged by the police; but he was taken into custody as early as on 5.12.2009. The requisite legal formalities have not been followed in the arrest on 5.12.2009, contends the learned counsel for the petitioner. 4. It having been satisfactorily established before us that on the date of the petition, that is on 14.12.2009, the alleged detenu was in judicial custody and not under any illegal custody of the respondents, we are satisfied that no further directions need be issued in this writ petition. We may however hasten to observe that the dismissal of this writ petition will not in any way fetter the rights of the petitioner and/or her son, the alleged detenu to contend and raise appropriate grievances before appropriate authorities that the alleged detenu was not arrested W.P.(Crl.)537/09 -3- as alleged by the respondents on 11.12.2009; but was arrested much earlier on 05.12.2009. They shall also be at liberty to raise such grievance of inadequate compliance or non-observance of the stipulations to be respected at the time of a valid and legal arrest and detention. Without prejudice to the said rights of the petitioner and her son, the alleged detenu, this writ petition is, in these circumstances dismissed. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn