Disposed

Brigittha v. Commissioner of Police

Kerala HC13 Aug 2013WP(Crl.)/348/2013

Case brief

AI extract

What is this about?

This writ petition for habeas corpus alleged the petitioner's son was arrested on 23.7.2013 without his whereabouts being known. Upon learning he was in remand at Calicut Special Sub Jail, the court found no material to resolve the date of arrest dispute and closed the petition.

What did the court decide?

The writ petition was closed, leaving it open to the petitioner to work out her remedies if her son was indeed arrested on 23.7.2013.

Brigittha Vs Commissioner of Police — Bail and Remand | Kerala HC (2013)

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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 ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE P.D.RAJAN

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TUESDAY, THE 13TH DAY OF AUGUST 2013/22ND SRAVANA, 1935

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WP(Crl.).No. 348 of 2013 (S)

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PETITIONER :

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BRIGITTHA, AGED 65 YEARS, W/O.PAILY, RESIDING AT MAPPILASSERI HOUSE, PANATHUR P.O., KASARAGOD DISTRICT.

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BY ADV. SRI.C.K.SREEJITH

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RESPONDENT(S):

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1. COMMISSIONER OF POLICE, KOZHIKODE CITY, KOZHIKODE- 673 004

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2. SUB INSPECTOR OF POLICE,

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RAJAPURAM POLICE STATION, KANHANGAD,

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KASARAGOD DISTRICT- 671 315

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3. SUPERINTENDENT OF POLICE, KASARAGOD DISTRICT- 671 121

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R1 TO R3 BY ADDL.DIRECTOR GENERAL OF PROSECUTION SRI.RASHEED

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 13-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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ANTONY DOMINIC & P.D.RAJAN, JJ

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WP(Crl)No.348 of 2013 ......................................... Dated 13^th August, 2013

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JUDGMENT

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ANTONY DOMINIC, J

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Petitioner has filed this writ petition with a prayer for issue of writ of habeas corpus. The allegation is that her son Saju.T.P, was arrested by second respondent on 23.7.2013 and that since then, his whereabouts are not

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known.

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In view of the allegations in the writ petition, learned Government Pleader was directed to obtain instructions. Accordingly, instructions have been obtained from second respondent, which is to the effect that petitioner's son is not an accused in any of the cases registered at Rajapuram Police Station and that he is an accused in Crime Nos.325 of 2007 and 354 of 2013 of Nallalam Police Station and on being arrested on 28.7.2013, he is now in remand at Calicut Special Sub Jail. It is also stated that he is an absconding accused in Crime No.382 of 2007 at Kozhikode Medical College Police

Wp(crl) 348/2013

Station.

Although, the learned counsel for the petitioner reiterated his contention that petitioner's son was arrested on 23.7.2007 and the statement that he was arrested only on 28.7.2007 is incorrect, as at present, apart from the allegation raised by the petitioner and its denial by respondents, this court has no material to conclude on this issue either way. In such circumstances, now that petitioner's son is in remand, we close this writ petition, leaving it open to the petitioner to work out her remedies, if in fact, her son was arrested on 23.7.2013, as alleged in the petition.

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ANTONY DOMINIC, JUDGE

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P.D.RAJAN, JUDGE

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lgk

Brigittha v. Commissioner of Police

Case brief

What is this about?

What did the court decide?

Brigittha v. Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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