Kerala High Court
Vibin K vs State Of Kerala on 10 October, 2011
Author: Pius C.Kuriakose
Bench: Pius C.Kuriakose
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE
&
THE HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
FRIDAY, THE 14TH DAY OF SEPTEMBER 2012/23RD BHADRA 1934
WP(Crl.).No. 414 of 2012 (S)
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PETITIONER(S):
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VIBIN K., AGED 37 YEARS
S/O.KRISHNAN G., BRANCH HEAD, AVION IN ALUVA
KERALA OFFICE, PARAVUR JUNCTION, ALUVA-683108
RESIDING AT 1695, PIPELINE ROAD, PRASANTH NAGAR
T-DASARAHALLI, BANGALORE-560057.
BY ADVS.SRI.V.S.CHANDRASEKHARAN
SRI.M.V.DAS
SMT.PRINCY XAVIER
SMT.K.A.SUNITHA
SMT.LEKSHMI SWAMINATHAN
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. SUPERINTENDENT OF POLICE (ERNAKULAM RURAL)
ERNAKULAM DISTRICT.
3. SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION,
PIN-683542.
4. BHASKARAN, AGED 60 YEARS
RESIDING AT AMBATTU HOUSE, PERUMBAVOOR P.O.
KARATTUPALLIKKARA, ERNAKULAM DISTRICT-683542.
5. NISHANTH BHASKARAN
S/O.BHASKARAN, AMBATTU HOUSE, PERUMBAVOOR P.O.
KARATTUPALLIKKARA, ERNAKULAM DISTRICT-683542.
6. AMBILY NISHANT
W/O.NISHANTH BHASKARAN, AMBATTU HOUSE
PERUMBAVOOR P.O., KARATTUPALLIKKARA
ERNAKULAM DISTRICT, PIN-683542.
7. VALSAMMA BHASKARAN
W/O.BHASKARAN, AMBATTU HOUSE, PERUMBAVOOR P.O.
KARATTUPALLIKKARA, ERNAKULAM DISTRICT, PIN-683542.
BY GOVERNMENT PLEADER SRI.N.SURESH (R1 TO R3)
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
14-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(CRL.) 414/2012
APPENDIX
EXT.P1: COPY OF THE FIR IN CRIME NO. 2884/2011 REGISTERED BY THE ALUVA
POLICE STATION.
EXT.P2: COPY OF COMPLAINT DATED 10/10/2011 BEFORE THE SUPERINTENDENT OF
POLICE.
EXT.P3 COPY OF THE ORDER PASSED BY THE HONOURABLE HIGH COURT OF KERALA
IN WP(C) 26993/2011 DATED 19/9/2011.
EXT.P4: COPY OF THE ORDER OF THE HONOURABLE JFCM I PERUMBAVOOR IN CMP
1448/2012 IN CMP NO.1445/2012 DATED 31/7/2001.
EXT.P5: COPY OF THE TERMINATION LETTER DATED 23/7/2012 SENT TO THE
DETINUE BY THE PETITIONER'S FIRM.
EXT.P6: COPY OF THE FIR NO.1949/2012 DATED 11/8/2012 REGISTERED BY THE
PERUMBAVOOR POLICE STATION.
RESPONDENTS EXHIBITS : NIL
/TRUE COPY/ P.A. TO JUDGE.
PIUS C.KURIAKOSE &
A.V.RAMAKRISHNA PILLAI JJ.
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W.P.(Crl.) . NO. 414 OF 2012
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Dated this the 14th day of September, 2012
JUDGMENT
Pius C.Kuriakose,J This writ petition under Article 226 has been filed by the petitioner who is working as the branch head of the firm named 'AVEON' which is claimed to be conducting various courses in 'Aviation'. According to the petitioner, Nisha Rajesh was working as the centre head in their centre AVEON at Paravur junction, Aluva. The petitioner alleges that Smt.Nisha Rajesh is in custody of various documents pertaining to the students who attended the courses offered by his institution. The petitioner wants to get back those documents lest prospects of those students will be in peril. The petitioner was unable to get those documents from Nisha Rajesh as she is presently detained illegally by respondents 4,5 and 6 and 7 respectively her father , brother and sister in law and mother. According to the petitioner, on coming to know that the police is investigating into the W.P.(Crl.) No. 414 /2012 2 person missing complaint given to the police by the petitioner in respect of Nisha Rajesh, the respondents 4 to 7 have now got Smt.Nisha Rajesh admitted into the Psychiatry department of the Kolenchery Medical Mission Hospital. She has no mental problem. The confinement of Smt.Nisha Rajesh in the hospital amounts to illegal detention. Hence, this petition for issuance of a writ of habeas Corpus for production of the body of the alleged detenue Smt. Nisha Rajesh is filed by the petitioner.
2. On considering this writ petition for admission, we directed the learned Government Pleader, who took notice on behalf of the third respondent, to seek instructions from the 3rd respondent regarding the correctness of the allegations in the writ petition particularly prayer No. 2 which is for a direction to conduct an investigation and find out the valuable academic documents of the students, presently in the custody of the detenue.
3. On 7/9/2012 on the basis of the instructions received from the 3rd respondent, the Government Pleader submitted that Smt.Nisha Rajesh, the alleged detenue, is admitted in Malankara Orthodox Syrian Church Medical College Hospital, Kolenchery W.P.(Crl.) No. 414 /2012 3 and is being treated for Mania as an inpatient. He also placed before us certificate dated 20/8/2012 given to him by the Special Inspector of Police. On going through the certificate issued by Dr.P.Joseph Varghese, we found that the same was vague. Accordingly, we passed the following order .
"2.Under these circumstances, we direct the 2nd respondent to visit the alleged detenue Nisha Rajesh either in the hospital or in her place of residence at Ambattu house, Perumbavoor P.O. Karattupallikkara and to interact with her. The 2nd respondent will produce the alleged detenue before this court on 14/9/2012 at 10.15 a.m. or file a detailed statement explaining his inability to do so."
4. Today, as directed by the 2nd respondent- the Superintendent of Police, the alleged detenue, who has since been discharged from the hospital appeared before us. We interacted with her in detail. She told us that she is not under anybody's illegal detention now. But, according to her, she was W.P.(Crl.) No. 414 /2012 4 admitted to the hospital against her wishes at the instance of respondents 4 to 7 who say that she is not mentally sane. According to her, there is no basis for saying that she has mental problem. She told us further that her family is a very orthodox one, who believes that enterprising woman who indulge in more than one activity at one time have some mental problem. We put specific question to the alleged detenue in the context of relief No.2. in the writ petition. She told us that she does not have any documents as such pertaining to the students in the petitioner's institution. But she has the key of the building. Information pertaining to the students will be available in her computer and she is prepared to furnish all such information if the petitioner so needs. She is ready to handover the key also.
5. The only question, which arises before us in our present jurisdiction, is whether the allegation of the petitioner that Smt.Nisha Rajesh is illegally detained by respondents 4 to 7 her family members against her wishes is correct. We are convinced by our interaction, with Smt.Nisha Rajesh, that she is absolutely free person. This means that writ of habeas corpus W.P.(Crl.) No. 414 /2012 5 sought for cannot be granted.
6. We have recorded what she told us regarding the custody of the key and the availability of the information pertaining to the students in her computers and also her willingness to furnish such information to the petitioner if he wants.
7. As regards the stand taken by the respondents 4 to 7 that Smt.Nisha Rajesh has some mental problem, we say that during our interaction with her, we did not notice any mental infirmity for Smt.Nisha Rajesh.
Sd/-
PIUS C.KURIAKOSE, JUDGE Sd/-
A.V.RAMAKRISHNA PILLAI, JUDGE.
dpk /True copy/ P.A to Judge.
W.P.(Crl.) No. 414 /2012 6 W.P.(Crl.) No. 414 /2012 7 W.P.(Crl.) No. 414 /2012 8 PIUS C.KURIAKOSE & BABU MATHEW P.JOSEPH JJ.
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W.P.(Crl) NO. 414 OF 2012
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Dated this the 7th day of September, 2012 O R D E R Pius C.Kuriakose,J The learned Government Pleader on the basis of the instructions received from the 3rd respondent submitted that Mrs.Nisha Rajesh, the alleged detenue, is admitted in Malankara W.P.(Crl.) No. 414 /2012 9 Orthodox Syrian Church Medical College Hospital, Kolenchery and is being treated for Mania as an inpatient. In this context we notice Ext.P3 judgment of this court in W.P.(C) No.26993/2011. Under Ext.P3, the alleged detenue Nisha Rajesh and her children were given police protection from any sort of assaults either from her parents or sister-in-law and from others. Under that judgment, this court directed the Sub Inspector of Police, Aluva, who was the 4th respondent therein, to keep constant vigil over the situation and to take necessary steps if it is revealed that there was threat to the lives of Smt.Nisha Rajesh and her children. The certificate dated 20/8/2012 issued by Dr.P.Joseph Varghese, Malankara Orthodox Syrian Church Medical College Hospital, Kolenchery is vague.
2. Under these circumstances, we direct the 2nd respondent to visit the alleged detenue Nisha Rajesh either in the hospital or in her place of residence at Ambattu house, Perumbavoor P.O. Karattupallikkara and to interact with her. The 2nd respondent will produce the alleged detenue before this court on 14/9/2012 at 10.15 a.m. or file a detailed statement explaining his inability to do so .
W.P.(Crl.) No. 414 /2012 10
Handover copy of this order to the learned Government Pleader.
PIUS C.KURIAKOSE, JUDGE BABU MATHEW P.JOSEPH, JUDGE.
dpk W.P.(Crl.) No. 414 /2012 11