Asokan K M vs State Of Kerala
2023 Latest Caselaw 13210 Ker

Kerala High Court

Asokan K M vs State Of Kerala on 15 December, 2023

Author: Anu Sivaraman

Bench: Anu Sivaraman

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
                                   &
              THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
   FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
                       WP(CRL.) NO. 1285 OF 2023

PETITIONER:

          ASOKAN K M
          AGED 63 YEARS
          S/O MANI, KARATTU HOUSE (DEVI KRIPA), TV PURAM POST,
          VAIKOM, KOTTAYAM DISTRICT, KERALA., PIN - 686141
          BY ADVS.
          C.RAJENDRAN
          B.K.GOPALAKRISHNAN
          R.S.SREEVIDYA
          MANU M.
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE CHIEF SECRETARY,
          HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     DIRECTOR GENERAL OF POLICE
          STATE POLICE HEADQUARTERS, VELLAYAMBALAM, VAZHUTHACAUD,
          THIRUVANANTHAPURAM, PINCODE, PIN - 695010
    3     THE SUPERINTENDENT OF POLICE
          OFFICE OF DEPUTY SUPERINTENDENT OF POLICE,
          MALAPPURAM., PIN - 676505
    4     SAINABA A S
          SRAMBICKAL HOUSE, PUTHOOR P O,
          KOTTACKAL, MALAPPURAM., PIN - 679124
    5     MARKAZUL HIDAYA
          SATHYSARANI EDUCATIONAL & CHARITABLE TRUST,
          KARUVAMBRAM PO, MALAPPURAM, PIN - 676123
    6     SHAFIN JAHAN
          AGED 32 YEARS
          S/O. SHAJAHAN, CHIRAYIL PUTHENVEEDU, CHATHINAMKULAM,
          CHANDANATHOPPU, KOLLAM., PIN - 691004
          SRI.V.TEKCHAND-SR.GP
     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO.1285 OF 2023

                                      2




                                JUDGMENT

Dated this the 15th day of December, 2023

Anu Sivaraman, J.

Heard the learned counsel for the petitioner.

2. A report has been submitted by the Station House Officer,

Kottakkal Police Station. It is stated that the statement of Smt.Hadiya

has been recorded. She states that she was married on 06.08.2023 and

her present residence is at Nemam, Thiruvananthapuram. Her mobile

numbers are also active and it is stated that she is in constant contact

with her parents. It is submitted that the call register on her mobile

phone also shows calls between her and her parents. She has

specifically stated that she is under no illegal detention and that she is

living at Thiruvananthapuram on her own free will.

In view of the fact that the alleged detenue specifically states that

she is not under any illegal detention, whatsoever, we are of the

opinion that the writ petition (criminal) is not maintainable before this WP(CRL.) NO.1285 OF 2023

Court. Leaving open all other contentions, this writ petition (criminal)

is closed.

Sd/-

ANU SIVARAMAN JUDGE

Sd/-

C. PRATHEEP KUMAR JUDGE NP WP(CRL.) NO.1285 OF 2023

APPENDIX OF WP(CRL.) 1285/2023

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT IN CRIMINAL APPEAL NO.366/2018 DATED 09/04/2018 Exhibit P2 A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE STATION HOUSE OFFICER, KOTTAKKAL POLICE STATION DATED 13/12/2023 Exhibit P2(a) A TRUE COPY OF THE POSTAL RECEIPT DATED 13/12/2023 RESPONDENTS' EXHIBITS: NIL