In a habeas corpus/magna falia context, the Court recorded the statement of a woman detained. Finding no illegal detention, the court allowed her to go with the petitioner or the 4th respondent.
The alleged detenue was recorded as not under illegal detention and was at liberty to leave with the petitioner or the 4th respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN
WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933
WP(Crl.).No. 182 of 2011(S)
---------------------------------
PETITIONER(S):
-------------------
P.A.ABOOBACKER, S/O.ABDU PANANGATTIL HOUSE, SOUTH MALIPPURAM, ERNAKULAM DIST.
BY ADV. SRI.MANSOOR.B.H.
RESPONDENT(S):
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1. DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 695 001.
2. THE ASSISTANT COMMISSIONER OF POLICE MATTANCHERY 682 001.
3. THE STATION HOUSE OFFICER MATTANCHERY POLICE STATION, ERNAKULAM DIST 682 001.
4. SAINUDHIN KOYA, 3/759 ERAVELY, CHIRAPURAM, MATTANCHERY 682 001.
R4 BY ADVS. SRI.K.L.JOSEPH
SMT.P.SAREENA GEORGE R2 BY GOVERNMENT PLEADER SRI.C.M.KAMAPPU
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
svs
W.P.(CRL). NO. 182/2011
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A. TO JUDGE.
svs
Thottathil B.Radhakrishnan
&
N.K.Balakrishnan, JJ.
= = = = = = = = = = = = = = = = = = = = = = = =
W.P.(Crl.).No.182 of 2011
= = = = = = = = = = = = = = = = = = = = = = = = Dated this the 13th day of July, 2011.
Judgment
Thottathil B.Radhakrishnan, J.
The petitioner is the brother of the alleged detenue, who is the wife of the 4th respondent. She is present before us. She says in clear terms that she wants to go with the petitioner, the brother. Without prejudice to all rights and liabilities of the parties in accordance with law, we close this writ petition recording that the alleged detenue is not under illegal detention as of now and will be at liberty to go with the petitioner or the 4th respondent as she may choose. We record her statement that she is going with the petitioner.
Thottathil B.Radhakrishnan, Judge.
N.K.Balakrishnan, Judge.
Sha/1307
P. A. Aboobacker
Director General of Police
Assistant Commissioner of Police, Mattancherry
Station House Officer, Mattancherry
Sainudhin Koya
Smt. P. Sareena George
Thottathil B. Radhakrishnan
N. K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
