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High Court of KeralaWP(Crl.)/161/2015closed

Chinnamma v. State Of Kerala

2015-05-05Honourable Mr.Justice A.M.Shaffique,Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 5TH DAY OF MAY 2015/15TH VAISAKHA, 1937 WP(Crl.).No. 161 of 2015 (S) ------------------------------------------ PETITIONER(S) :

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1. CHINNAMA, AGED 73 YEARS, W/O.K.V.VARKEY, KUTTIYANIMATTATHIL, CHILAVU.P.O., KARIMANNOOR VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.

2. BIJU GEORGE, AGED 42 YEARS, W/O.K.V.VARKEY, KUTTIYANIMATTATHIL, CHILAVU.P.O., KARIMANNOOR VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.

BY ADVS.SRI.A.C.DEVASIA SRI.A.M.THOMAS (AYKAN) RESPONDENT(S) :

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1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY OF THE STATE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, KASARAGOD DISTRICT-671 123.

3. SUB INSPECTOR OF POLICE, RAJAPURAM POLICE STATION, RAJAPURAM, KASARAGOD DISTRICT-671 123.

4. REJOY KURIAN, AGED 36 YEARS,S/O.KURIAN, NELLAMKUZHY HOUSE, PADIMARUTHU.P.O.,KANJANGHAD- KASARAGODE DISTRICT, KASARAGODE POLICE STATION-671 123.

5. THE DIRECTOR, SACRED HEART HOSPITAL, PAINKULAM, THODUPUZHA TALUK, IDUKKI DISTRICT-685 508.

6. THE SUPERINTENDENT OF POLICE, IDUKKI, OFFICE AT THODUPUZHA, IDUKKI DISTRICT-685 508. R4 BY ADV. SRI.T.MADHU R1 TO R3 & R6 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(Crl.).No. 161 of 2015 (S) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE ELECTORAL IDENTITY CARD OF THE 1ST PETITIONER.

EXT.P2:

TRUE COPY OF THE ELECTORAL IDENTITY CARD OF THE 2ND PETITIONER.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.M. SHAFFIQUE & K. ABRAHAM MATHEW, JJ.

- - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No.161 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of May, 2015

J U D G M E N T

A.M. Shaffique , J.

This writ petition has been filed alleging illegal confinement of the detenu Sri.Appachan @ Kurian. When the matter came up on an earlier occasion by an interim order dated 21.4.2015 this court opined that the detenu should reside with the 4th respondent his son. The matter is posted today. The 4th respondent and detenu are present before this court.

It is submitted by the counsel appearing on either side that the issues between the petitioners as well as the 4th respondent have already been settled. It is also submitted that the detenu is not in the illegal confinement and is free to live as he wishes. The 4th respondent has also undertaken to look after him. Recording the above

W.P.(Crl.) No.161 of 2015 -2submission, we close the writ petition.

Sd/- A.M. SHAFFIQUE JUDGE Sd/- K. ABRAHAM MATHEW JUDGE shg/