IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 336 of 2008(S)
1. SHEMEEM K.HASHIMS/O.HASHIM Y.SAIT,
... Petitioner
Vs
1. JOSE SAMUEL, PUTHENVILAYIL HOUSE
... Respondent
2. SALY SAM JOSE, W/O.JOSE SAMUEL
3. GEORGE KUNNAPPUZHA, PULLAD,
4. SUPERINTENDENT OF POLICE
5. C.I. OF POLICE, KOZHENCHERRY
6. S.I. OF POLICE, KOYIPRAM POLICE STATION
For Petitioner :SRI.S.B.PREMACHANDRA PRABHU
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :07/10/2008
O R D E R
KURIAN JOSEPH & K.T.SANKARAN, JJ.
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W.P(Crl)No.336 of 2008
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Dated this the 7th day of October, 2008
JUDGMENT
Kurian Joseph,J.
The writ petition is filed with the following prayer:-
a) Issue a writ of Habeas Corpus to the
respondents, particularly respondents 4 to 6, to produce
the body of Sri.Manu Sam Jose before this Hon’ble Court
and to ensure his release so as to enable him to freely
move about.
Petitioner claims to be the friend of the alleged detenu. Even
going by the allegations in the writ petition, the alleged detenu is
with his parents and relatives. It is also seen that the detenu
himself has used the telephone of his parents to speak to the
petitioner. Learned Government Pleader Sri.Mohammed Anzar,
on written instruction from the Circle Inspector of Police,
Kozhencherry, submits that Sri.Manu Sam Jose is not in the
illegal custody of any person. He is living as a free person with
his parents. His own statement has been recorded by the Circle
Inspector of Police to the effect that he is a free person.
Therefore, we do not find any merit in the writ petition. The
alleged detenu, who is an Engineering graduate, aged 22 years,
W.P(Crl)No.336 of 2008
-:2:-
is living with his parents out of his own free will. Therefore, the
petitioner, who claims to be the friend of Manu Sam Jose, need
not have any apprehension otherwise.
The writ petition is accordingly dismissed.
(KURIAN JOSEPH, JUDGE)
(K.T.SANKARAN, JUDGE)
ahg.
KURIAN JOSEPH &
K.T.SANKARAN, JJ.
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W.P(Crl)No.336 of 2008
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JUDGMENT
7th October, 2008