VARGHESE KURIAKOSE Vs. CIRCLE INSPECTOR OF POLICE, ETTUMANOOR

JUDGEMENT

(1.) The petitioners are approaching this court seeking a writ of habeas corpus for directing production of the corpus of the alleged detenue namely, Kuriakose Varghese and to release him from the custody of 3rd respondent, based on an allegation that the 3rd respondent is keeping him under illegal confinement.

(2.) It is averred in the writ petition that, the alleged detenue is the elder son of the petitioners and that he was taken to the 3rd respondent institution for theological studies, without his consent and free will. It is stated that, even though the 2nd petitioner had lodged a complaint before the 2nd respondent, no action was taken to get the alleged detenue released. According to the petitioners, the police authorities have allowed the alleged detenue to be retained in the custody of a particular priest and all the complaints lodged against the action of the police to the higher ups were in vein. It is stated that the 1st petitioner had filed a complaint before the Chief Judicial Magistrate Court, Kottayam in which the 2nd respondent was directed to conduct an enquiry and to submit a report. Ext.P4 report was submitted before the Magistrate's court. It was mentioned that the alleged detenue is pursuing his theological studies in a 'seminari' in Tamil Nadu. But the petitioners could not contact the alleged detenue. Therefore the petitioner filed objections before the Magistrate's court seeking direction to order further enquiry in the matter. But the learned Chief Judicial Magistrate had closed the complaint because the 1st petitioner failed to pursue the matter. Based on an allegation that the alleged detenue is kept in the 3rd respondent's institution against his free will, the above writ petition is filed.

(3.) When the case came up for admission on 26.06.2018, this court directed the Government Pleader to get instructions from respondents 1 and 2. Respondents 1 and 2 were directed to conduct a detailed enquiry with respect to whereabouts of the alleged detenue and to file a report before this court. Based on such direction the 1st respondent had filed a statement, dated 107.2018. It is revealed that, on enquiry it was found that Mr.Kuriakose Varghese alias Benny is presently staying at 3rd respondent's institution and he is pursuing his studies in Theology. The 1st respondent talked to him over telephone and it was informed that he is not under any illegal detention, as alleged. The alleged detenue had forwarded a letter through email to the 1st respondent, a printout of which was produced along with the statement, marked as Annexure R1(a).