The Kerala High Court dismissed a habeas corpus petition filed by a wife regarding her missing husband. The husband appeared before the court and alleged collusion. Finding him a free person, the court held a writ unnecessary and dismissed the petition.
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 PIUS C.KURIAKOSE &
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
FRIDAY, THE 23RD DAY OF NOVEMBER 2012/2ND AGRAHAYANA 1934
WP(Crl.).No. 408 of 2012 (S)
PETITIONER(S):
SHYJA, AGED 30 YEARS D/O. BAHULEYAN, SHAJI BHAVAN, THAZHATHUMURI EAST KALLADA VILLAGE, KOLLAM DISTRICT.
BY ADVS.SRI.K.SIJU
SMT.BINDU GEORGE
RESPONDENT(S):
R4 & 5 BY ADV. SRI.SUNIL V.MOHAMMED FOR DETINUE BY ADV. SRI.K.A.ABDUL SALAM R BY GOVERNMENT PLEADER SRI.N.SURESH
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP (CRL.) 408/2012
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 25/12/2005.
EXT.P2: COPY OF PLAINT IN O.S. NO.81/2006 BEFORE THE FAMILY COURT, KOLLAM.
EXT.P3: COPY OF COMPLAINT SUBMITTED BEFORE THE 1ST RSPONDENT ON 13/6/2012.
/TRUE COPY/
P.A. TO JUDGE .
PIUS C.KURIAKOSE & BABU MATHEW P.JOSEPH JJ.
W.P.(Crl.) . NO. 408 OF 2012
Dated this the 23rd day of November, 2012
JUDGMENT
Pius C.Kuriakose,J
This writ petition has been filed by the petitioner, who is the wife of one Santhosh, alleging that her husband who is missing is illegally detained by respondents 4 and 5 his parents. On considering this writ petition for admission, this court on
17/8/2012 issued the following order:
“Govt. Pleader takes notices for respondents 1 to 3. Notice by speed post to respondents 4 and 5. Post on 6/9/12”.
Judgment.
“It is submitted by the learned Government Pleader Sri.N.Suresh that despite vigorous and sincere investigation conducted by the Investigating Officer, it has not been possible to trace out Santhosh, the missing husband of the petitioner.
W.P.(Crl.) No. 408 /2012
2
Delhi and that the whereabouts of Santhosh will be known if another person in Delhi, who has telephone bearing No.08290441257, is contacted. According to her, even before she contacted the above person, she received a call from telephone No.08290441257. The call revealed that Santhosh has moved out of Delhi. The call further revealed that Santhosh has another wife and a child and is now living with them.
The writ petition is closed for the time being giving liberty to the petitioner to move this Court for revival of the petition, if necessary, after three months.”
“We recall our order dated 29/10/2012 closing the writ petition. Sri.Santhosh, the alleged detenue, is produced before us. According to him, he was not hiding anywhere. He was staying at various places
W.P.(Crl.) No. 408 /2012 3
in connection with his work. Santhosh is directed to appear before this Court at 10.15 a.m. Tomorrow”.
before us filing an affidavit in which he has inter alia stated in paragraph 6 that as instigated by the writ petitioner, his wife, he and his wife had decided to file a collusive petition for recovery of gold ornaments and money arraying his parents and further to obtain an interim attachment of the immovable property belonging to his father.
W.P.(Crl.) No. 408 /2012 4
issuance of a writ of Habeas Corpus sought for. Now the alleged detenue Santhosh is before us and we find him an absolutely free person. We are of the view that it is not necessary to issue the writ of Habeas Corpus sought for. The writ petition is dismissed.
Sd/-
PIUS C.KURIAKOSE, JUDGE
Sd/-
BABU MATHEW P.JOSEPH, JUDGE.
dpk
/True copy/ P.A to Judge.
W.P.(Crl.) No. 408 /2012 5
W.P.(Crl.) No. 408 /2012
6
PIUS C.KURIAKOSE & BABU MATHEW P.JOSEPH JJ.
W.P.(Crl.) . NO. 408 OF 2012
Dated this the 28th day of September, 2012
O R D E R
Pius C.Kuriakose,J
W.P.(Crl.) No. 408 /2012 7
The learned Government Pleader submitted that the investigation so far conducted by the Assistant Commissioner of police revealed that Santhosh, the missing husband of the petitioner, landed at Thiruvananthapuram Airport from Sharjah on 20/9/2012. Thereafter, he suddenly disappeared and his whereabouts could not be traced out. According to the learned Government Pleader, he was informed by the petitioner in this court hall today that Santhosh, her missing husband, is in Delhi. The Government Pleader submitted that this information will be passed on the investigating officer. The Investigating Officer is directed to continue with the investigation still more vigorously and do everything that is possible at his end to trace out Santhosh, the missing husband of the petitioner.
Post on 22/10/2012.
PIUS C.KURIAKOSE, JUDGE
BABU MATHEW P.JOSEPH, JUDGE.
dpk
W.P.(Crl.) No. 408 /2012 8
2 issues framed by the court
Whether there is a warrant for the issuance of a writ of Habeas Corpus regarding the disappearance of the petitioner's husband.
Whether the alleged detenue Santhosh is illegally detained.
Shyja
City Police Commissioner, Kollam
Pius C.Kuriakose
Babu Mathew P.Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
