KASSIM Vs. MOHAMMED, MEPOYIL, KODUVALLY

JUDGEMENT

(1.) The petitioner is seeking a writ of Habeas Corpus for commanding the respondents 1 and 2 to produce the corpus of Sri. Ansar(hereinafter referred to as 'the alleged detenue'), the son of the petitioner. The petitioner is raising an allegation that the detenue is being illegally detained. On the alternative, the petitioner is seeking direction to the respondents 4 and 5 to trace out and produce the alleged detenue, and to set him at liberty.

(2.) Averments in the writ petition are that, the alleged detenue was working in Saudi Arabia since the last four years. The 1st respondent is a person having business in Saudi Arabia and the 2nd respondent is an agent of the 1st respondent. On 16.12.2018 the alleged detenue informed his wife over telephone that he is going to Dubai along with the 1st respondent for some business matters. The detenue told that the 1st respondent is keeping suspicion on the alleged detenue with respect to some money transactions, in which the 1st respondent had sustained loss. It is mentioned that, the alleged detenue had expressed apprehension about the approach of the 1st respondent towards him. The alleged detenue made a further call to his wife from the telephone of the 1st respondent, on 26.12.2018. But he was reluctant to disclose about his whereabouts. Thereafter the family members of the alleged detenue had no information about him. Again, on 30.01.2019 the alleged detenue called his wife and informed that he was attacked by the respondents 1 and 2 and is being kept at an unknown destination. It is stated that the alleged detenue had requested his wife to contact the 2nd respondent to take efforts to rescue him at the earliest, from the illegal detention.

(3.) It is mentioned that, the wife of the alleged detenue had lodged complaints before the 3rd respondent and various other authorities, including the Honourable Chief Minister of Kerala. On the basis of those complaints, the 5th respondent had directed the 3rd respondent to register a case. Accordingly, Ext.P5 case was registered as Crime No. 185/2019 at Kothamangalam Police Station, alleging offences, punishable under Sec. 365 read with Sec. 34 of the Indian Penal Code, against respondents 1 and 2 herein. It is further stated that, the police authorities had questioned the 2nd respondent when he was available in Kerala. But he has not revealed any details regarding detention of the alleged detenue.