Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE P.D.RAJAN FRIDAY,THE 16TH DAY OF AUGUST 2013 25TH SRAVANA, 1935 WP(Crl.).No. 376 of 2013 (S) ----------------------------- PETITIONER(S): -------------------------- K.SIVAKUMAR, AGED 4 YEARS S/O.KARANEESWARAN, KAILAS, C.C.49/1050 A. PONEKKARA ERNAKULAM DISTRICT (FROM NO.12 A/2 RENGANATHAN STREET,GANESH NAGAR, VELACHERY CHENNAI-42) BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO HOME AFFAIRS GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM PIN-695 001.
2. THE CITY POLICE COMMISSIONER, ERNAKULAM, PIN-682031.
3. THE INSPECTOR OF POLICE, KALAMASSERY, ERNAKULAM DISTRICT, PIN-683104.
4. THE SUB INSPECTOR OF POLICE, KALAMASSERY, ERNAKULAM DISTRICT, PIN-683104. BY ADV. ADDL.DIRECTOR GENERAL OF PROSECUTION SRI. K.I. ABDUL RASHEED THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 376 of 2013 (S) ----------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED FROM THE OFFICE OF THE MARRIAGE REGISTRAR, DISTRICT REGISTRAR OFFICE, CHENNAI VIDE NO 32/1999 DATED 19 01-1999 EXHIBIT P2 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 1560/2013 OF KALAMASSERY POLICE STATION RESPONDENTS' EXHIBITS --------------------------------------- NIL //True copy// P.A. TO JUDGE Shg/ ANTONY DOMINIC & P.D.RAJAN, JJ ......................................... WP(Crl) No.376 of 2013 ......................................... Dated 16th August, 2013 JUDGMENT ANTONY DOMINIC, J The petitioner filed this writ petition alleging that his wife Bindu and his children Prabhakar and Shalini were abducted from his house and that they are being illegally detained by some strangers. With this allegation, the prayer sought for in this writ petition is for an issuance of habeas corpus with production of the detenue and the children. In pursuance to the notice issued, Bindu the detenue appeared before this court. In answer to our question, she told us that she left the house of the petitioner on her own free will and that she is residing at Palakkad along with her friend. She denied the allegation that she is under illegal detention of anyone. Obviously, there is no illegal detention which is a condition precedent for entertaining a writ petition with a prayer for issuance of a writ of habeas corpus. In so far as this case is concerned, from the response of the detenue, we are satisfied that there is no such illegal detention. In such circumstances, writ petition is dismissed. ANTONY DOMINIC, JUDGE P.D.RAJAN, JUDGE lgk