AMINA Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard Advocate Suresh for petitioner and Senior Government Pleader K.B.Ramanand for respondents.

(2.) The present writ petition is filed complaining illegal detention of petitioner's son Anshad, for production of alleged detenue and also set him free. To appreciate the cause of action for filing the writ petition and the reply of respondents that the alleged detention of petitioner's son, is not illegal or unconstitutional, we prefer to refer to the date and events chronologically, as mentioned by both the parties in their respective pleadings/report.

(3.) On 04.02.2020, Crime No.119/2020 of North Paravoor Police Station, was registered against Anshad/detenue under Section 341 , 324 , 506 , 294(b) of IPC. On 04.02.2020 Anshad was taken into custody by the Police with reference to Crime No.119/2020. On 05.02.2020 Anshad was produced before the Court of Judicial First Class Magistrate-I, North Paravur. The learned Magistrate remanded the accused in judicial custody and the accused was in Aluva Sub Jail vide RP No.72/2020. The Inspector of North Paravoor Police Station registered Crime No.121/2020, under section 41(1)(d) read with 102 of Criminal Procedure Code against detenue. The charge on Anshad in Crime No.121/2020 is that Anshad was riding the bike fitted with a forged plate number i.e., KL 42 P 8811, unable to produce the documents of the vehicle. On further investigation of the crime, it transpired that the Pulsar vehicle found in possession of Anshad is registered with No.TN 63 BC 3646, and the vehicle stands in the name of one Santhi, W/O. Elangovan, Thambipatty, Mettupatty street, Thiruppathur Taluk, Sivagangai District, Tamil Nadu. Crime No.161/2019 under Section 379 IPC is already registered for the theft of motorcycle bearing no.TN 63 BC 3646 in Thiruppathur Police Station, Shivagangai District, Tamil Nadu.