BHARGAVAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THIS writ petition seeking issuance of a writ of Habeas Corpus is filed by one Bhargavan who complains that his wife Shiny and Son Adithyan are illegally detained by the 4th respondent.

(2.) ON considering this writ petition for admission, the 4th respondent was directed to produce Shiny and Adithyan before this court at 10.15 a.m. today. Sri. Suresh, learned Government Pleader who took notice on behalf of the official respondents were directed to seek instructions from the 3rd respondent as to what action was taken by the 3rd respondent on Ext.P2 complaint submitted by the petitioner.

(3.) THE learned counsel for the petitioner Sri.Biju C.Abraham would submit that on account of a communication gap between him and the petitioner the fact that the petitioner and his wife have been living separately for the fast few years could not be disclosed in the writ petition. In our interaction with the petitioner, he told us that he had disclosed to his counsel for the purpose of drafting the writ petition the fact that himself and his wife are living separately for the past five years. Whatever that be, the only question that arises for decision in this writ petition is whether the writ of Habeas Corpus sought for by the petitioner should be granted. The above question has necessarily to be answered in the negative. We do so and dismiss this writ petition. The custody of Shiny and the minor child Adithyan is given back to the police officer who brought them here, so that the learned Magistrate can take appropriate decision as to what should be done with them.