~~~~~~~~~~~ Petitioners are the children of one B.Prabhakaran, who is aged 72 years and is a retired senior Town Planner from the Local Administration Department. Their allegation is that their father, who is aged and sickly, is being illegally detained by the 4th respondent, his business partner and that even access to him is denied by the 4th respondent. With these allegations, they have filed this Writ Petition seeking the issue of a writ of habeas corpus for setting their father, the detenue, at liberty. 2. On the filing of the Writ Petition, this Court by order dated 22.5.2014 directed the learned Government Pleader to obtain instructions in the matter. Accordingly, an enquiry was conducted by the 3rd respondent, who, also got a statement of the detenue as also the 4th respondent recorded. The statements and the report of the 3rd respondent were made available to us by the learned Government Pleader. The statement of the detenue shows that he has been living alone in his house after obtaining divorce from his wife. He also stated W.P.(Crl) No.212/2014 2 that he has no connection with the children either. He says that he is now admitted in S.P.Fort Hospital, Thiruvananthapuram for the treatment of some injuries in his legs. He has confirmed that he is not illegally detained by either the 4th respondent or anybody else. Statement of the 4th respondent shows that though he knows the alleged detenue, he has no acquaintance whatsoever with the petitioners' family member. He has also denied the allegation of the petitioners that he has illegally detained the detenue.
3. Facts now disclosed shows that the father of the petitioners, the alleged detenue, has been living alone in his own house and that presently he is admitted in hospital for treatment. This, therefore, shows that the case of the petitioners that their father is illegally detained by the 4th respondent is factually incorrect. In such circumstances, we are not persuaded to entertain this Writ Petition. Accordingly, this Writ Petition is dismissed.
ps/28/5/2014 SD/- ANTONY DOMINIC, JUDGE SD/- ALEXANDER THOMAS, JUDGE.