VIJAYAMMA SASEENDRAN Vs. K S BABU

JUDGEMENT

(1.) THE petitioner, wife of the detenu, approached this court stating that her husband was missing with effect from 20. 4. 2009, having been abducted by some political rivals particularly at the instigation of the first respondent and some others. It was stated that the detenu was under illegal confinement, despite the fact that he was the Vice President of the Poothadi Grama Panchayath, Wayanad. The alleged abduction was mainly with a view to see that the petitioner's husband would not be available for the voting proposed to be held on 27. 4. 2009 and thereby to defeat the "motion of no confidence".

(2.) PURSUANT to the intervention made by this Court, the additional fifth respondent produced the detenu on 28. 4. 2009. The detenu submitted that he was forcibly taken away by the culprits in a motor vehicle; that he was beaten up and that much harassment and hardship had been caused to him. Observing that the detenu was not produced before any Magistrate despite registration of a crime, this Court had given necessary instructions to have the detenu produced before the concerned magistrate and to record his statement positively, on 29. 4. 2009, and to forward a report by the concerned Magistrate.

(3.) PURSUANT to the above direction, the Judicial First class Magistrate-II, Sulthan Bathery, vide report dated 30. 4. 2009, has conveyed that the detenu was produced before the Magistrate at 9 a. m. on 29. 4. 2009; that his statement was recorded on oath, which was read over to him and after obtaining his signature, he was set at liberty. The said report, along with a true copy of the statement obtained from the detenu has been forwarded to this Court. We have gone through the report as well as the statement.