Disposed

Ratheesh v. State of Kerala

Kerala HC18 Oct 2012WP(Crl.)/440/2012

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition directing a detenue to stay with her brother and parents, ordering the respondent to hand over gold ornaments and testimonials, and mandating surveillance of the respondent to ensure no harassment of the detained sister.

What did the court decide?

Direction to detenue to stay with petitioner; direction to respondent to hand over ornaments and testimonials; direction for surveillance of respondent.

Ratheesh Vs State of Kerala — Writ and Judicial Review | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE &

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THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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THURSDAY, THE 18TH DAY OF OCTOBER 2012/26TH ASWINA 1934

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WP(Crl.).No. 440 of 2012 (S)

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PETITIONER(S):

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RATHEESH, AGED 28 YEARS, S/O.MURUKAN A.C., ALACKAL KURATTIKAD, MANNAR-689 622, ALAPPUZHA.

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BY ADVS.SRI.KARTHIK S. ACHARYA

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SRI.NAVEEN THOMAS

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SRI.C.R.SANISH SRI.JEFF JOSEPH

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RESPONDENT(S):

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1. STATE OF KERALA DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT ANNEX, TRIVANDRUM-695 001, REPRESENTED BY ITS SECRETARY.

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2. SUB INSPECTOR OF POLICE, ARANMULA POLICE STATION, ARANMULA-689 533.

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3. SANISH, S/O.SASI, KOCHUVELIYIL HOUSE, PALLIPURAM, THYKKATTUSSERY, CHERTHALA-688 528.

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4. P.G.MURUKAN,

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S/O.GANAPATHI, NANDANAM, KURATTIKKAD, MANNAR P.O., ALAPPUZHA-689 622.

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*** ADDL. R5 IMPLEADED**

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ADDL.R5. KUMAR K.B.

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S/O CHELLAPPAN, AGED 34 YEARS, KARANAMALAMOOD IYDIL HOUSE, NEAR ARANMULA PANCHAYATH JUNCTION, EDAYARANMULA MURI, ARANMULA VILLAGE

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MJL

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WP(Crl.).No. 440 of 2012 (S)

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ADD.R5 IS IMPLEADED AS PER ORDER DATED 6/9/2012 IN WP(CRL)440/2012

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*** ADDLR6 IMPLEADED**

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ADDL.R6. THE POLICE CHIEF, PATHANAMTHITTA

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IS SUO MOTU IMPLEADED AS PER ORDER DATED 11/9/2012 IN W.P(CRL)440/2012

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*** ADDL.R7 IMPLEADED**

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ADDL.R7. THE S.I. OF POLICE, MANNAR, ALAPPUZHA DISTRICT

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IS SUO MOTU IMPLEADED AS PER ORDER DATED 16/10/2012 IN

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W.P.(CRL)440/2012

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R1 & R2 BY GOVERNMENT PLEADER SRI.N.SURESH R4 BY ADV. SRI.S.ABHILASH

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R4 BY ADV. SMT.CHITHRA.S.BABU ADDL R5 BY ADV. SMT.C.M.DHANY

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MJL

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WP(Crl.).No. 440 of 2012 (S)

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXHIBIT P1: TRUE COPY OF FIRST INFORMATION REPORT NO.913/2012 DATED 20.08.2012 OF ARANMULA POLICE STATION

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EXHIBIT P2: TRUE COPY OF THE COMPLAINT DATED 28.08.2012 FILED BY THE PETITIONER WITH THE 2ND RESPONDENT

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RESPONDENTS' EXHIBITS: NIL

/TRUE COPY/

P A TO JUDGE

MJL

PIUS C.KURIAKOSE &

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BABU MATHEW P. JOSEPH,JJ.

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--------------------------------------W.P.(Crl) No.440 Of 2012

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Dated this the 18^th day of October, 2012.

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J U D G M E N T

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Pius C.Kuriakose,J.

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Read order dated 16.10.2012. Pursuant to that order, Rejani, the detenue is brought back to this Court by the Ratheesh, the petitioner her brother. We interacted with Rejani as well as with the petitioner. We interacted with the 3^rd respondent also. Rajani told us that she would like to stay along with her parents and the brother, the petitioner till such time as her husband came back from abroad. She assured us that there will be no recurrence of what was happened. She further requested that a few items as gold ornaments and testimonials belonging to her are in the custody of the 3^rd respondent. She requested to direct the 3^rd respondent to return the ornaments as well as the testimonials to her. The 3^rd respondent would agree that he has custody of ornaments and testimonials belonging to the detenue. He assured us that all the ornaments and

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W.P.(Crl) No.440 Of 2012 2

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testimonials will be handed over immediately through his counsel Adv.M.T.Suresh Kumar so that Mr.Suresh Kumar can hand over the articles to the petitioner through the petitioner's counsel Mr.Karthik S.Acharya.

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The principal relief that is sought for in this writ petition is that the 2^nd respondent Police Officer directed to trace out Rejani, the missing sister of the petitioner and produce her before this court, liberating her from the illegal detention of the 3^rd respondent. As our order dated 16.10.12 and the present order will indicate the above relief stands virtually granted. Prayer No.2 in the writ petition is in the nature of a relief consequential to prayer in No.1. We do not find necessity to grant the same either.

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We dispose of this writ petition directing Regani.J.M the detenue to accompany her brother, the petitioner and stay along with him and her parents in her parental house. We direct the 3^rd respondent to hand over all the ornaments belonging to Rejani which are in his possession as well as Rejani's testimonials today itself in the manner indicating here in the court. The additional 7^th respondent should ensure by doing the

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W.P.(Crl) No.440 Of 2012 3

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needful that there is absolutely no trouble to the peaceful life of Rejani, the detenue in her parental house from the part of the 3^rd respondent and all persons acting under him. The 3^rd respondent should be kept under constant surveillance by the additional 7^th respondent. Issue copies to the learned counsel for the parties and the learned Government pleader.

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Writ petition is accordingly disposed of.

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PIUS C.KURIAKOSE, JUDGE.

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BABU MATHEW P.JOSEPH, JUDGE

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Ratheesh v. State of Kerala

Case brief

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Ratheesh v. State of Kerala

Case brief

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