IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(Crl.).No. 449 of 2010(S) -------------------------------------- PETITIONER: ------------------- M.K.NAZIRUL-MILLATHU, AGED 49, S/O.MOHAMMED KUNJU LABBA, R/AT MADEENA MANZIL, VADAKKEVILA P.O., VADAKKEVILA CHERRY, VADAKKEVILA VILLAGE, KOLLAM, PIN-691 010. BY ADVS. SMT.T.S.MAYA (THIYADIL), SMT.C.VIJAYAKUMARI, SMT.PRINCY XAVIER, RESPONDENTS: ------------------------ 1. SUB INSPECTOR, ERAVIPURAM POLICE STATION, KOLLAM, PIN – 691 005. 2. SUB INSPECTOR, KOLLAM EAST POLICE STATION, KOLLAM, PIN – 691 001. 3. SEETHA DEVI, AGED ABOUT 55 YEARS, W/O.DR.HARIKUMAR, R/AT SRI.GOVIND, CHITHIRA VEEDU, VADAKKEVILA P.O., VADAKKEVILA VILLAGE, KOLLAM DISTRICT, PIN-691 010. 4. ANI, R/AT NARAYANAVILASAM, AMMENKOVIL ROAD, ERNAKULAM, PIN- 682 035. *ADDL. R5 IMPLEADED: 5. THE SACRED HEART HOSPITAL, PYNKULAM, THODUPUZHA, REPRESENTED ITS MANAGING DIRECTOR, THODUPUZHA, IDUKKI DISTRICT. *IS IMPLEADED AS PER ORDER DATED 16/11/2010 IN I.A. NO.15927/2010 IN W.P.(CRL).449/2010. R1 & R2 BY GOVT. PLEADER SRI. T.K. VIPINDAS, R3 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 24/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL.). NO.449/2010-S: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ELECTION ID CARD OF THE PETITIONER. EXT.P.2: COPY OF THE COMPLAINT GIVEN TO R.2. EXT.P.3: COPY OF THE COMPLAINT SENT TO R.1. & POSTAL RECEIPT. RESPONDENTS' EXHIBIT: EXT.R3.A: COPY OF THE CERTIFICATE DTD. 17/11/2010 ISSUED BY THE CONSULTANT AND ASSISTANT PROFESSOR OF PSYCHIATRY CERTIFYING THAT DR. HARIKUMAR WAS ADMITTED IN HIS HOSPITAL ON 30/10/2010. //TRUE COPY// P.A. TO JUDGE. Prv. R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(Crl) No.449 of 2010 ***************************** Dated this the 24th day of January, 2011 JUDGMENT BASANT, J. This judgment must be read in continuation of the earlier orders passed by us resting finally with the order dated 06.12.2010. 2. Today when the matter came up for hearing, the alleged detenu Dr.Harikumar is present before us. His wife Smt.Geetha Harikumar as also his two daughters and two son-in- law are present. The petitioner is represented by his counsel. 3. All concerned inform us that no further directions are necessary in this matter and that the alleged detenu is now leading a harmonious life along with his wife at his residence at Sri Govind, Kollam. The alleged detenu asserts before us that in compliance with the undertaking given by him before Court, he had not touched alcohol thereafter. His wife and other relatives submit that substantially this assertion is correct. We are satisfied that no further directions are necessary in this petition. W.P(Crl) No.449 of 2010 2 4. This Writ Petition is accordingly closed and dismissed as agreed. The alleged detenu is permitted to leave the Court along with his wife and children. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ W.P(Crl) No.449 of 2010 3 R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(Crl) No.449 of 2010 ***************************** Dated this the 16th day of November, 2010 ORDER BASANT, J. Heard. Admitted. Notice given and the learned Government Pleader appears for respondents 1 and 2. The learned Government Pleader shall take instructions. Issue notice W.P(Crl) No.449 of 2010 4 to respondents 3, 4 and 5. The learned counsel for the petitioner prays and is accordingly permitted to take out notice to respondents 3 to 5 by special messenger. 2. Call this petition again on 24.11.2010. We make it clear that we are not directing the production of the alleged detenue. We want to ascertain the response of respondents 1 to 5. Thereupon, if necessary, directions shall be issued to produce the alleged detenue. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/