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Kerala High Court

Mr.Anil Kumar vs Manu on 8 May, 2007

Bench: V.Ramkumar, T.R.Ramachandran Nair

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(Crl) No. 107 of 2007(S)


1. MR.ANIL KUMAR, S/O.GOPALAKRISHNA PILLAI,
                      ...  Petitioner

                        Vs



1. MANU, S/O.PADMA, AGED ABOUT 29,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

3. THE SUPERINTENDENT OF POLICE, KOLLAM.

                For Petitioner  :SRI.HARISH GOPINATH

                For Respondent  :SRI.G.BHAGAVAT SINGH

The Hon'ble MR. Justice V.RAMKUMAR
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :08/05/2007

 O R D E R
                              V.RAMKUKAR &

                T.R.RAMACHANDRAN NAIR,JJ.


              W.P.(Crl) (Habeas Corpus) No.107 of 2007

                ------------------------------------------------------------

                    Dated this the 8th day of May 2007




                                   JUDGMENT

V.RAMKUKAR,J This is a petition for habeas corpus filed by the husband of one Sujitha and father of a two year old girl child named Aparna, for release of the said persons from the custody of the first respondent.

2. The learned Government Pleader on instructions submits that consequent on the registration of the case against the first respondent for man missing, the first respondent produced the wife of the petitioner before the Judicial First Class Magistrate Court, Kollam holding charge of the Judicial First Class Magistrate Court, Paravur and the petitioner's wife had told the learned Magistrate that she was not under the wrongful confinement of the first respondent and that she had gone on her own accord and also that she was not restrained by the first respondent. Recording the statement of the woman, she was allowed to go wherever she wanted to go. If so, petition for W.P.(Crl)Habeas Corpus No.107/2007 2 habeas corpus is mis-conceived. The petitioner may approach appropriate forum for other remedies including custody of the child.

3. This writ petition is, accordingly closed.

(V.RAMKUMAR, JUDGE) (T.R.RAMACHANDRAN NAIR, JUDGE) jsr W.P.(Crl)Habeas Corpus No.107/2007 3 W.P.(Crl)Habeas Corpus No.107/2007 4 V.RAMKUMAR, J.

B.A.No./CRL.M.CNo.

ORDER/JUDGMENT 8TH DAY OF MAY 2007