Kerala High Court
Munirudheen vs State Of Kerala on 15 December, 2014
Bench: C.K.Abdul Rehim, K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
&
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
WEDNESDAY, THE 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937
WP(Crl.).No. 46 of 2015 (S)
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PETITIONER:
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MUNIRUDHEEN, AGED 46 YEARS,
S/O. SHAHUL HAMEED,
M.S. GARDEN, KOLOOR,
OORUPOIKA P.O- 695 104,
THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.J.JAYAKUMAR
RESPONDENTS:
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1. STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001
2. THE DIRECTOR GENERAL OF POLICE,
POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM.
3. THE SUPERINTENDENT OF POLICE (RURAL),
POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM.
4. THE DEPUTY SUPERINTENDENT OF POLICE,
ATTINGAL, THIRUVANANTHAPURAM DISTRICT - 695 101.
5. THE SUB INSPECTOR OF POLICE,
ATTINGAL, THIRUVANANTHAPURAM.
6. NUSAIFA BEEVI,
W/O.LATE ABDUL RASHEED, PALLIKUNNIL VEEDU, VALAKADU
ELAMPA POST, THIRUVANANTHAPURAM DISTRICT.
7. ASHARUDHEEN,
S/O.ABDUL RASHEED, PALLIKUNNIL VEEDU, VALAKADU,
ELAMPA POST, THIRUVANANTHAPURAM DISTRICT.
R1 -R5 BY SMT. KOCHUMOL KODUVATHE -DIRECTOR GENERAL OF
PROSECUTION
R6 & 7 BY ADV. SRI.B.MOHANLAL
BY GOVERNMENT PLEADER MR.P.S. ABDUL KARIM
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
03-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 46 of 2015 (S)
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APPENDIX
PETITIONER'S EXHIBITS:
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EXT.P1- TRUE COPY OF THE NEWS ITEMS PUBLISHED BY THE 5TH RESPONDENT
POLICE IN KERALA KOUMUDI MALAYALAM DAILY DATED 15.12.2014.
EXT.P2- TRUE COPY OF FIR NO.1271/2014 OF ATTINGAL POLICE STATION
RESPONDENTS' EXHIBITS:NIL
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/TRUE COPY/
P.S TO JUDGE
cl
C.K. ABDUL REHIM & K. RAMAKRISHNAN, JJ.
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W.P.(Crl.)No.46 of 2015
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Dated this the 3rd day of June, 2015.
JUDGMENT
Abdul Rehim, J:
This petition is filed seeking a writ of habeas corpus for directing production of the corpus of one Sri.Nizamudheen @ Nizamudin Musaliyar and to set him at liberty.
2. Allegation in the writ petition is that the respondents 6 and 7, who are the mother and elder brother of the alleged detenue are illegally detaining him against his will. Averments in the writ petition is to the effect that the petitioner was working as Manager of the alleged detenue in a jewelery named 'jewel park' at Panavoor, Negumangad. It is stated that the alleged detenue had cheated so many persons and collected huge amounts from them, for which the 5th respondent had registered a criminal case as Crime No.1271/2014 for offences punishable under section 420 I.P.C. It is also mentioned that the alleged detenue had collected 20 sovereigns of gold ornaments from the petitioner and also collected the sale deed of his property for procuring business loan. It is further stated W.P.(Crl.)No.46 of 2015 2 that whereabouts of the alleged detenue is not known after 8th August 2014. Allegation is to the effect that the alleged detenue is in the custody of the respondents 6 and 7 and despite such situation the respondents 4 and 5 are not taking any action for questioning respondents 6 and 7.
3. In a statement filed by the 5th respondent pursuant to directions issued by this Court, it is mentioned that the investigation of the case registered against the alleged detenue is in progress and more than 50 witnesses and suspected persons were already questioned. Despite the earnest efforts made, whereabouts of the alleged detenue, who is an absconding accused in the criminal case could not be traced out. It is mentioned that a special team for investigation of the case has already been constituted under leadership of the Inspector of Police, Attingal and the investigation is progressing in the right direction.
4. From the facts reveled as above it is evident that the alleged detenue Nizamudheen @ Niamudhin Musaliyar is an absconding accused in a criminal case. There is nothing to indicate that he is in station or that he is in illegal custody of respondents 6 and 7, as alleged. Under the above mentioned W.P.(Crl.)No.46 of 2015 3 circumstances there is no scope for interference of this Court in issuing writ of habeas corpus on the basis that the alleged detenue is in illegal confinement of the respondents 6 and 7 or anybody else. However, it will be left open to the petitioner or other victims of the cheating committed by the alleged detenue to take appropriate steps for expediting the investigation in the case.
Subject to the above observations, this writ petition is hereby dismissed.
Sd/-
C.K. ABDUL REHIM, JUDGE.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge W.P.(Crl.)No.46 of 2015 4