Meenakshy Amma vs The Director-General Of Police
2021 Latest Caselaw 15056 Ker

W.P.(Crl.).No.168/2021                  1


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                    &
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
   FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
                         WP(CRL.) NO. 168 OF 2021
PETITIONER/S:

             MEENAKSHY AMMA,
             AGED 71 YEARS,
             W/O.KRISHNAN NAIR, KRISHNA VILASAM,
             VETTUVENI MURI,
             HARIPPADU VILLAGE, KARTHIGAPPALLY TALUK,
             ALAPUZHA DISTRICT-690 514.

             BY ADVS.
             SASI M.R.
             M.THAHA
             DHARMYA M.S



RESPONDENT/S:

     1       THE DIRECTOR-GENERAL OF POLICE,
             OFFICE OF DGP OF POLICE, POLICE HEAD QUARTERS,
             VELLAYAMPALAM, NANTHAVANAM,
             THIRUVANANTHAPURAM, PIN CODE-695 010.

     2       THE DEPUTY SUPERINTENDENT OF POLICE,
             OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
             KAYAMKULAM, PIN CODE-690 502, ALAPUZHA.

     3       THE CIRCLE INSPECTOR OF POLICE,
             HARIPAD POLICE STATION, HARIPAD.P.O,
             PIN CODE-690 514,
             ALAPPUZHA DISTRICT.

     4       MS.KAVITHA,
             NO.137, KALAPPA NILAYA, 4TH CROSS 4TH MAIN,
             PEENYA 1 STAGE,
 W.P.(Crl.).No.168/2021                 2

              PEENYA SMALL INDUSTRIES, BENGELOORU-560 058.
              (FROM NEAR MUNESWARA TEMPLE, MADANAYAKAHALLI,
              DASANAPUA HOBLI, BENGALOORU NORTH,
              BENGELOORU, KARNATAKA).

              BY ADVS.
              SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR

              SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND




       THIS    WRIT      PETITION   (CRIMINAL)     HAVING    COME   UP   FOR
ADMISSION      ON     16.07.2021,    THE   COURT     ON     THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(Crl.).No.168/2021            3


                               JUDGMENT

Ziyad Rahman A.A, J.

This writ petition is filed praying for issuance of a writ of

habeas corpus, directing the respondents to produce the body of

her son Gireesh K. and set him at liberty.

2. The case of the petitioner is that, her son is under

illegal detention of the 4 th respondent at Bengalooru, where he

was working. Earlier he was residing at Bangalooru along with

his wife. In the year 2014, he sent her back to the native place,

for ensuring the well being of the parents. Even though, the

petitioner used to call his wife and sister frequently, for the past

several months he has not been contacting them. While so, the

wife and sister of the alleged detenu received calls from one

Deepa, informing them that the alleged detenu is under illegal

detention of the 4th respondent. On 29.11.2020, petitioner

received a message from the alleged detenu to the effect that he

is going some where due to fear of the 4 th respondent and her

gang. Thereafter, nothing is heard from the alleged detenu and

she apprehends that the alleged detenu is illegally detained by

the 4th respondent.

3. When the matter came up for admission on

01.07.2021, we passed an order directing the Circle Inspector

of Police, Harippad Police Station to inquire about the

whereabouts of the petitioner through the Inspector of Police

having jurisdiction over the area in which the 4 th respondent is

residing. They were also directed to submit a report showing

the steps they have taken, within a period of two weeks.

4. In compliance with the said order, they have

contacted the alleged detenu and in pursuance to their

instructions, the alleged detenu appeared before them on

11.07.2021 and his statement was also recorded. The aforesaid

statement of the alleged detenu is now placed before us along

with a report of the 2 nd respondent. In the statement of the

alleged detenu, he had specifically mentioned that, he is not

under any illegal detention. He is residing along with the 4 th

respondent on his own volition, and he is having a child in the

relationship with her. He further states that, he has some

matrimonial disputes with his wife Deepthi and was living

separately from her. He met the 4th respondent at that time and

started a relationship which is even now continuing. He

asserted that, there is no illegal detention as alleged in the writ

petition.

5. The alleged detenu is aged 42 years and is capable of

taking a decision on his own. We also notice that he was

produced before the Judicial First Class Magistrate, Harippad

and as he asserted that he is not under illegal detention, he was

set at liberty after interaction. In such circumstances, as it is a

conscious decision taken by the alleged detenu to live along

with the 4th respondent, it cannot be concluded that this is a

case of illegal detention.

Accordingly, the writ petition is dismissed without

prejudice to the rights of the petitioner or the wife of the

alleged detenu to take recourse to appropriate legal remedies

for redressing their grievances, if any.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/29.06.21

APPENDIX OF WP(CRL.) 168/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE MARRIAGE CERTIFICATE OF GIREESH

Exhibit P2 TRUE COPY OF THE BIRTH CERTIFICATE OF HIMA GIRISH.

Exhibit P3 TRUE COPY OF THE COMPLAINT FILED WITH THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT.