Citation : 2024 Latest Caselaw 5547 Ker
Judgement Date : 16 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Friday, the 16th day of February 2024 / 27th Magha, 1945
WP(CRL.) NO. 1335 OF 2023(S)
PETITIONER:
MANI K, AGED 53 YEARS, S/O RAMAN,
PALLIYATH VEEDU, KALYAN ROAD, BELLA P.O,
HOUSDURG, KASARGODE DISTRICT, PIN - 671 124.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY
TO GOVERNMENT,HOME AND VIGILANCE DEPARTMENT,GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2. THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE, KASARGODE
DISTRICT, PIN - 671 123.
3. THE DISTRICT POLICE CHIEF, KASARGODE, PIN - 671 123.
4. THE CHAIRMAN, ADVISORY BOARD, KAAPA, SREENIVAS, PADAM
ROAD,VIVEKANANDA NAGAR,ELAMAKKARA, PIN - 682 026.
5. THE SUPERINTENDENT OF JAIL, CENTRAL JAIL, VIYYUR, PIN - 670
004.
Writ petition (criminal) praying inter alia that in the
circumstances stated in the affidavit filed along with the WP(Crl.)
the High Court be pleased to issue an interim direction to the
respondents to produce the body of the detenu, Sudheesh K, aged 23
years, S/o Mani K, Paliyath Veedu, Kalyan Road, Bella Gramam,
Housdurg Taluk, Kasargode District, the son of the petitioner who is
illegally detained in Central Prison, Viyyur, before this Hon'ble
Court and set him at liberty.
This petition coming on for orders upon perusing the
petition,the affidavit filed in support of WP(Crl.),the Judgment
dated 25.01.24 and the report of the Secretary,DLSA,Kasaragod dated
05.02.24 and upon hearing the arguments of M/S. M.H.HANIS,
P.M.JINIMOL, NANCY MOL P., T.N.LEKSHMI SHANKAR, CIYA E.J., ANANDHU
P.C. & NEETHU.G.NADH, Advocates for the petitioner and of
SRI.GRASHIOUS KURIAKOSE, ADDITIONAL DIRECTOR GENERAL OF PROSECUTION &
SRI.C.K.SURESH, SENIOR PUBLIC PROSECUTOR for R1 to R3 & R5, the court
passed the following:
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
...............................................................................................
W.P.(Crl) No.1335 of 2023
........................................................................
Dated this the 16th day of February, 2024
ORDER
A.MUHAMED MUSTAQUE, J
The report of the Secretary DLSA, Kasaragod is on Board.
As advised by the District Medical Officer, Kanhangad, the
DLSA shall ensure that the detenu undergoes continuous
medication and regular follow up.
Post for report of the DLSA on 08.04.2024.
Registry shall forward the copy of this order to the
Secretary, DLSA, Kasaragod.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE RK
16-02-2024 /True Copy/ Deputy Registrar
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