MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his adult major son - Jish Mohan, aged above 26 years (date of birth - 21.11.1983). He is an engineering graduate by qualification and he runs his own business. He was allegedly found to be missing from 19.06.2010. The petitioner apprehended that his son Jish Mohan, the alleged detenu, was being illegally detained and confined by the 3rd and 4th respondents. The 3rd respondent is the wife of the petitioner's brother in law (wife's brother) and the 4th respondent is the daughter of the 3rd respondent, aged 17 years. It was the apprehension of the petitioner that the alleged detenu Jish Mohan was being lured into a relationship with the 4th respondent with the active assistance of the 3rd respondent and with the intention of getting the 4th respondent married to the alleged detenu he was being illegally confined and detained by respondent Nos. 3 and 4.

(2.) This petition was filed on 22.07.2010. We were not satisfied that the matter deserves admission. However, we directed the learned Government Pleader to take instructions to enable us to take a decision on the question of admission. On 03.08.2010 after hearing the learned Government Pleader, we accepted the submission of the learned Government Pleader that the alleged detenu shall willingly appear before this Court on the next date of posting. Accordingly the case was posted to this date.

(3.) Today when the case is called, the petitioner is present. He is represented by his Counsel. The alleged detenu Jish Mohan has appeared before Court. He is not represented by any Counsel. We have not admitted the Writ Petition and we had not ordered notice to respondent Nos. 3 and 4.