IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 165 of 2008(S)
1. ANISH, AGED 29,
... Petitioner
Vs
1. THE SUPERINTENDENT OF POLICE,
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
3. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.P.V.GEORGE(PUTHIYIDAM)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :04/06/2008
O R D E R
P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ.
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W.P.(CRL.)N0.165 OF 2008
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Dated, 4th June, 2008.
Judgment
Raman,J.
The petitioner alleges that his brother Agish married the
daughter of Indira Joy, Kochuthottathil House, Thuthiyoor,
Kakkanad. The said Indira Joy was residing in a small building.
Since there was nobody to look after her, they decided to
dispose of her house and registration of sale deed was
scheduled on 21-5-2008. One Ratheesh, Karuvila Puthen
Veettil, Anappara, Ambalavayal, Wynad was also accompanying
the said Indira Joy to Sub Registrar’s Ofice. The said Ratheesh
is none other than the petitioner’s brother in law. After
registration of the document the said Indira Joy and Ratheesh
came out of Sub Registrar’s office, then the 3rd respondent along
with two Constables came to the spot and taken the said Indira
Joy and Ratheesh into custody on 21-5-2008 at about 3 p.m.
Their relatives enquired about the matter in the Thrikkakara
police station on the same day. Then one Manoj was also
taken into custody. It is alleged that Mandatory conditions
WPCRL. 165/2008 -: 2:-
were not followed while the persons were taken into
custody. It is prayed that they may be produced before
this court and they may be released.
2. Pursuant to the notice issued, two statements are
filed by the Sub Inspector of Police, Thrikkakara police
station along with a memo by the Government Pleader. As
per the statement filed, Indira Joy and Manoj were produced
before the Judicial First Class Magistrate’s court Aluva on
24-5-2008 and Indira Joy was remanded to Sub Jail
Moovattupuzha and Manoj was remanded to the Sub Jail
Aluva. It is also stated that Ratheesh is not residing within
this police station limits and he is not wanted for the crime
registered in this police station.
3. In view of the above circumstances, as pointed
out in the statement, no further direction need be issued in
the writ petition.
4. Learned counsel further points out some
mistakes in the statements filed before this court regarding
the persons to whom the information of arrest was
WPCRL. 165/2008 -: 3:-
conveyed and alleged delay in producing the accused
before court. However, the main prayer in this writ petition
is for a release of the alleged detenue. Since they are
remanded to judicial custody pursuant to the order of the
court, their custody cannot be said to be illegal. No relief
could be granted in this proceedings. Hence dismissed.
P.R.RAMAN, JUDGE.
T.R.RAMACHANDRAN NAIR,
JUDGE.
kvm/-
WPCRL. 165/2008 -: 4:-
V.K.MOHANAN, J.
No….
Judgment/Order
Dated: