Thankamma v. Sub Inspector of Police
Case brief
What is this about?
The Court considered a habeas corpus petition filed by a grandmother seeking production of her allegedly missing son. After hearing the detaining respondent and examining evidence, the Court found no scope for issuing the writ, concluding the detention allegation was not well founded, and directed police to continue investigation.
What did the court decide?
Writ of habeas corpus closed; police directed to investigate and maintain coordination with Andhra Pradesh police regarding the missing person.
What the court decided
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
MONDAY, THE 15TH DAY OF OCTOBER 2012/23RD ASWINA 1934
WP(Crl.).No. 496 of 2012 (S)
PETITIONER(S):
THANKAMMA, AGED 67 YEARS S/O.LATE KUNJU, PUTHENPURAKKAL HOUSE VELLAMCHIRA BHAGAM, KODIKKULAM VILLAGE THODUPUZHA TALUK, IDUKKI DISTRICT.
BY ADVS.SRI.K.S.ARUN KUMAR SMT.M.N.MAYA
RESPONDENT(S):
- SUB INSPECTOR OF POLICE, KALIYAR POLICE STATION, IDUKKI DISTRICT.PIN - 685580
- DEPUTY SUPERINTENDENT OF POLICE, THODUPUZHA 685 584.
- JARIM, AGED 35 YEARS, S/O.JOSEPH, KALAPPURACKKAL HOUSE, VANNAPPURAM KARA, VANNAPPURAM P.O., IDUKKI DISTRICT PIN - 685607.
Issues for consideration
3 issues framed by the court
Whether to issue a writ of habeas corpus for production of a missing person from alleged illegal custody.
Whether the allegations of illegal detention are well founded based on the police counter affidavit and interaction.
What directions can be given to police authorities for investigating the disappearance and inter-state coordination.
Parties & counsel
- petitioner
THANKAMMA
- respondent
JARIM
- respondent
SUB INSPECTOR OF POLICE, KALIYAR POLICE STATION
- respondent
DEPUTY SUPERINTENDENT OF POLICE, THODUPUZHA
- respondent
DISTRICT POLICE CHIEF, IDUKKI
Case details
As recorded by the court registry
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