Writ petition under Article 226 for habeas corpus to release missing wife dismissed after police report confirmed she was traced and judicially remanded as an accused in a theft/misappropriation case, removing grounds for illegal confinement claim.
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 C.K.ABDUL REHIM
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY ,THE 15TH DAY OF NOVEMBER 2018 / 24TH KARTHIKA, 1940
WP(Crl.).No. 432 of 2018
PETITIONER:
GOPALAKRISHNAN, AGED 54 YEARS, S/O. KESAVAN, RESIDING AT SURALAYAM, CHUNAKKARA SOUTH, CHARUMMOOD.P.O., ALAPPUZHA DISTRICT, PIN - 690 505.
BY ADV. SRI.M.DINESH
RESPONDENTS:
1 THE STATION HOUSE OFFICER, NOORANADU POLICE STATION, ALAPPUZHA DISTRICT - 690 504.
2 SUPERINTENDENT OF POLICE, OFFICE OF SUPERINTENDENT OF POLICE, ALAPPUZHA- 679335.
3 DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, ALAPPUZHA- 688 001.
4 HARIKUMAR, AGED 42 YEARS, S/O.SANTHAMMA, DEVI SADANAM, WARD NO.III, SHURANADU PANCHAYATH, ANAKUDI P.O., KUNNATHOOR TALUK, KOLLAM DISTRICT- 690540.
5 SANTHAMMA, W/O.GOPALAN, KATTOOR THEKKATHIL VEEDU, CHUNAKKARA SOUTH, CHARUMMOODU P.O., ALAPPUZHA DISTRICT, PIN- 690 505.
R1 TO R3 BY SR.GOVT.PLEADER SRI. K.B.RAMANANAD
OTHER PRESENT:
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 432 of 2018 : 2 :
JUDGMENT
C.K.Abdul Rehim, J.
The petitioner is approaching this Court stating that his wife, Mrs.Sudharmma (hereinafter referred to as 'the alleged detenue') is missing since 16.6.2018 and the enquiries made by him had revealed that she had gone along with the 4th respondent. Alleging that the 4th respondent is illegally detaining the alleged detenue with the knowledge and connivance of respondent No.5 and also alleging that, despite registration of a case with respect to the missing of the alleged detenue, the police authorities are not taking any appropriate action, the above writ petition is filed seeking issuance of a writ of Habeas corpus for commanding production of corpus of the alleged detenue and to set her at liberty.
2. When the case came up for admission on
WP(Crl.).No. 432 of 2018 : 3 :
2.11.2018, this Court directed the 1st respondent to conduct an enquiry into the allegations of illegal detention and to file a report to this Court. On 7.11.2018, the 1st respondent submitted a report stating that the investigation conducted in the case had revealed that, the alleged detenue, who was working as a 'Mahila Pradhan agent', had misappropriated money from various customers and she is absconding along with the 4th respondent, in order to get rid of the legal consequences arising out of the complaints with respect to such misappropriations. It is also reported that on the basis of a complaint of one of the customers of the alleged detenue, another case also was registered as Crime No.840/2018 implicating the alleged detenue as accused, for offences punishable under Sections 406, 465 and 420 of the Indian Penal Code. It was submitted that, both the cases are under investigation.
WP(Crl.).No. 432 of 2018 : 4 :
3. On 7.11.2018, this Court issued notice to
the respondents 4 and 5. They were directed to produce the alleged detenue, if she is available in their custody. The respondents 1 and 2 were directed to intensify the investigation of the cases registered and to take all earnest efforts to trace out the alleged detenue and to produce her before this Court.
4. Today, when the case is taken up for consideration, the 1st respondent has submitted a report stating that, the alleged detenue was traced out on 10.11.2018 from 'Poonthura' near Thiruvananthapuram. According to the 1st
respondent, she was found out from the house of a relative of the 4th respondent. It is stated that, she was arrested in Crime No.840/2018 and produced before the Judicial First Class Magistrate CourtII, Mavelikkara. The said court had remanded the alleged detenue to judicial custody and she is now
WP(Crl.).No. 432 of 2018 : 5 :
confined at the Sub Jail at Mavelikkara.
5. Under the above mentioned circumstances,
it is evident that the alleged detenue is now under judicial custody, as remanded in Crime No.840/2018 of Nooranadu Police Station. Therefore there is no basis for the allegation that she is under illegal confinement of the 4th respondent.
Consequently, the above writ petition fails and the same is hereby dismissed.
Sd/-
C.K.ABDUL REHIM
JUDGE
Sd/-
T.V.ANILKUMAR
JUDGE
Bb
WP(Crl.).No. 432 of 2018 : 6 :
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE F.I.R.NO.807/2018 OF NOORANADU POLICE STATION. EXHIBIT P2 TRUE COPY OF THE COMPLAINT FILED BY PETITIONER DATED 02.07.2018 BEFORE THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 02.07.2018 FROM THE OFFICE OF 2ND RESPONDENT.
RESPONDENTS' EXHIBITS:
NIL
//True Copy//
P.A. To Judge
Bb
1 issue framed by the court
Whether the allegation of illegal detention by the respondents is sustainable given that the petitioner's wife has been traced and remanded to judicial custody under judicial proceedings.
Gopakrishnan
Station House Officer, Nooranadu Police Station
Superintendent of Police, Alappuzha
District Collector, Alappuzha
Harikumar
Santhamma
C.K.Abdul Rehim
T.V.Anilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
