Syamala Kumari.D. v. State of Kerala and Others
Case brief
What is this about?
The High Court of Kerala considered a writ of habeas corpus filed by a mother seeking the production of her daughter alleged to be illegally detained. The court observed that the daughter had been produced before a Magistrate and permitted to leave, thereby ruling out illegal detention, and accordingly dismissed the petition by closing it.
What did the court decide?
None granted; the writ petition was dismissed by closing the case.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMAN &
THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR
FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930
WP(Crl.).No. 195 OF 2008(S)
PETITIONER:
SYAMALA KUMARI D., AGED 40 YEARS, W/O. ANIL KUMAR,
THEKKEMADATHIL, THEKKU KOCHU MURI, KRISHNAPURAM, OACHIRA PO., ALAPPUZHA
BY ADV. SRI.B.HARISH KUMAR
RESPONDENTS:
Issues for consideration
2 issues framed by the court
Whether the issuance of a habeas corpus petition was justified given the Magistrate's permission for the detenue to depart with another respondent.
Whether the production of the detenue before the court and subsequent release by the magistrate negated the allegation of illegal detention.
Parties & counsel
- petitioner
Syamala Kumari D.
- other
Priyanka S.
- respondent
State of Kerala
- respondent
Superintendent of Police, Alappuzha
- respondent
S.I. of Police, Kayamkulam
- respondent
Case details
As recorded by the court registry
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