High Court Kerala High Court

George vs The Commissioner Of Police on 17 February, 2009

Kerala High Court
George vs The Commissioner Of Police on 17 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(Crl.).No. 419 of 2008(S)


1. GEORGE, S/O.LATE RAPHEL, AGED 58,
                      ...  Petitioner
2. GESTRUDE, W/O.GEORGE, VALIYAPARAMBIL

                        Vs



1. THE COMMISSIONER OF POLICE, COCHIN CITY
                       ...       Respondent

2. THE CIRCLE INSPECTOR OF POLICE,

3. ALBY FERNANDEZ, S/O.FERNANDEZ,

4. SHEELA FERNANDEZ, W/O.ALBY FERNANDEZ

5. ASHLY FERNANDEZ ALIAS JOJO,

                For Petitioner  :SRI.S.SREEKUMAR

                For Respondent  :SRI.JOHNSON ABRAHAM

The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :17/02/2009

 O R D E R
                  A.K. BASHEER, J. & P. BHAVADASAN, J.
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                            W.P. (Crl.) No. 419 of 2008
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                  Dated this the 17th day of February, 2009.

                                        JUDGMENT

BASHEER, J,

Petitioners are parents of Ms. Mary Sooria, the alleged

detenu. Petitioners contended that their daughter is under the illegal

detention of respondents 3 to 5. They therefore pray for the issue of a

writ of Habeas Corpus.

2. In response to the notice issued from this court in this

writ petition, Ms. Mary Sooria, the alleged detenu, has forwarded a

communication along with a declaration signed by her before the Vice

Consul (C), Consulate General of India at Saudi Arabia. In the said

declaration Ms.Mary Sooria asserts that she is safe and secure at her

work place in Jeddah, where she is working under employment visa

No.2322634326 dated September 9, 2008. She further states that she is

not under detention as alleged by the petitioners. Similar averments

have been made by Ms.Mary Sooria in her communication addressed to

this court.

3. Since petitioners raised some doubt about the

authenticity and veracity of the declaration referred to above, we had

WP(Crl.) 419/2008. 2

directed the learned Assistant Solicitor General to get instruction from the

Consulate General. In response to the query, the Consul (Consular),

Consulate General of India at Jeddah by his communication dated February

11, 2009 has informed that the declaration signed by Ms.Mary Sooria is

authentic. It is further informed that Ms.Mary Sooria was personally

present at the Consulate on November 17th, 2008 to sign the declaration.

In view of the above facts and circumstances, we find no reason

to grant any relief as prayed for in the writ petition. It is therefore closed.

A.K. BASHEER,
JUDGE

P. BHAVADASAN,
JUDGE

sb.