Sahala Rahul vs 1. Circle Inspector Of Police
2023 Latest Caselaw 5723 Ker

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W.P.(Crl.)No.456 of 2023



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
           THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                      &
          THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
   TUESDAY, THE 16TH DAY OF MAY 2023 / 26TH VAISAKHA, 1945
                           WP(CRL.) NO. 456 OF 2023
  CRIME NO.0/0 OF Varandarappally Police Station, Thrissur
PETITIONER:

             SAHALA RAHUL
             AGED 23 YEARS
             CHEMBAN HOUSE, KALAVARAKUNNU, VELUPADAM
             VARANDARAPPILLY, THRISSUR, KERALA, PIN - 680303
             BY ADVS.
             IPSITA OJAL
             P.K.ANIL


RESPONDENTS:

     1       1. CIRCLE INSPECTOR OF POLICE
             VARANDARAPPILLY POLICE STATION, VARANDARAPPILLY,
             AMBALLUR - CHIMMINY DAM RD, VELUPADAM, KERALA,
             PIN - 680303
     2       SUPERINTENDENT OF POLICE THRISSUR
             KALYAN NAGAR, AYYANTHOLE, THRISSUR, KERALA, PIN -
             680003
     3       STATE OF KERALA
             REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001
             SMT.RASHMI K.M., SR.PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 16.05.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(Crl.)No.456 of 2023




                            JUDGMENT

Anil K. Narendran, J.

The petitioner has filed this writ of habeas corpus seeking

an order directing the respondents to produce the corpus of the

alleged detenue, namely, Rahul, who is her husband, before this

Court, who was forcefully taken by three persons on 08.05.2023

at 1.45 a.m., and release him from the illegal confinement.

2. On 12.05.2023, when this writ petition came up for

admission, the learned Public Prosecutor was directed to get

instructions.

3. Today, when the matter is taken up for consideration,

the learned Public Prosecutor, on instructions, would submit that

the alleged detenue is an accused in Crime No.33 of 2023 of

Chitol Police Station in the State of Tamil Nadu, who was

arrested and produced before the Judicial First Class Magistrate

Court, Erode on 10.05.2023. He was remanded to judicial

custody on the same day and he is presently in Central Prison,

Coimbatore.

Having considered the submissions made at the Bar, this

W.P.(Crl.)No.456 of 2023

writ petition is closed, recording the aforesaid submission made

by the learned Public Prosecutor.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

Dr.KAUSER EDAPPAGATH, JUDGE

yd

W.P.(Crl.)No.456 of 2023

APPENDIX

PETITIONER EXHIBITS Exhibit1 COMPLAINT GIVEN BY THE PETITIONER TO THE VARANDARAPILLY POLICE STATION ON 08-05-2023 AND THE RECEIPT OF COMPLAINT BY THE POLICE STATION