Kerala High Court
Abhirami vs Rajith on 13 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 13TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944
WP(CRL.) NO. 397 OF 2022
PETITIONER/S:
1 ABHIRAMI,
AGED 20 YEARS
D/O.UDAYAN, UDAYA BHAVANAM, KARUVATTUMKUZHI,
KAREELAKULANGARA, ALAPPUZHA DISTRICT-690 572.
2 UDAYAN,
AGED 48 YEARS
S/O.LATE SAHADEVAN, UDAYA BHAVANAM, KARUVATTUMKUZHI,
KAREELAKULANGARA, ALAPPUZHA DISTRICT-690 572.
BY ADVS.
P.SREEKUMAR
ASWIN KUMAR M J
RENOY VINCENT
HELEN P.A.
ARUN ROY
SHAHIR SHOWKATH ALI
RESPONDENT/S:
1 RAJITH,
PUNNAPARAMBIL, MUTHUKULAM THEKUKUM MRIYIL, MUTHUKULAM
P.O., ALAPPUZHA DISTRICT-690 506.
2 OMANA,
PUNNAPARAMBIL, MUTHUKULAM THEKKUM MURIYIL, MUTHUKULAM
P.O., ALAPPUZHA DISTRICT-690 506.
3 RENJITH,
PUNNAPARAMBIL, MUTHUKULAM THEKKUM MURIYIL, MUTHUKULAM
P.O., ALAPPUZHA DISTRICT-690 506.
4 INSPECTOR OF POLICE,
KAREELAKULANGARA POLICE STATION, ALAPPUZHA DISTRICT-690
572.
5 DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF, CIVIL STATION
WARD, ALAPPUZHA DISTRICT-688 012.
WP(Crl) NO. 397 of 2022
2
OTHER PRESENT:
SR.PP.P.S.APPU
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
13.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl) NO. 397 of 2022
3
JUDGMENT
Dated this the 13th day of May, 2022
V.G.ARUN, J
The first petitioner, with whom we interacted, submitted
that, after filing of the writ petition, the detenue, mother of the
1st petitioner was dropped at the door step of the petitioners
residence by respondents 1 to 3. According to the petitioner,
the detenue was found mental condition had worsened while she
was with respondents 1 to 3 and the party respondents had even
removed her gold ornaments. It is submitted that the detenue is
presently admitted at the Star Hospital, Oochira for treatment.
The 1st petitioner expressed apprehension that she and her
younger brother may be put to harm by the party respondents.
Since her father / the 2nd petitioner, who is working in the CISF
is under orders of transfer to Madhya Pradesh. The 1 st petitioner
requested that the Police may be directed to provide protection
to the detenue, the 1st petitioner and her younger brother, if so
warranted.
2.The scope of a Habeas Corpus writ petition is only to
WP(Crl) NO. 397 of 2022
ensure that the detenue is not under illegal detention. We would
have closed this writ petition, since the detenue is no longer
under illegal detention. But we are perturbed by the conduct of
the party respondents in having refused to even accept the
notice issued from this Court through special messenger. Hence,
we find substance in the apprehension expressed by the 1 st
petitioner.
Therefore, while closing this writ petition, we direct the 4 th
and 5th respondents to ensure that no law and order situation is
created by the party respondents and to take appropriate
action, if and when a complaint in that regard is received from
the petitioners.
This writ petition is closed accordingly.
Sd/-
V.G.ARUN
JUDGE
Sd/-
SJ P.G. AJITHKUMAR
JUDGE
WP(Crl) NO. 397 of 2022
APPENDIX OF WP(CRL.) 397/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE CERTIFICATE ISSUED FROM
ST.JOSEPH'S HOSPITAL MANJUMMAL DATED
04.01.2018.
Exhibit P2 A TRUE COPY OF THE COMPLAINT DATED 24.04.2022
ALONG WITH THE RECEIPT.
Exhibit P3 A TRUE COPY OF THE COMPLAINT DATED 27.04.2022
ALONG WITH THE RECEIPT.
