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Jerin L.H vs State Of Kerala

High Court Of Kerala|23 December, 2014
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JUDGMENT / ORDER

P.N. Ravindran, J.
The petitioner has filed this writ petition for a writ of habeas corpus directing the respondents to cause production of the body of the detenue, his father named Sri. Laly David before this Court. He has alleged that his father is being illegally detained by the fourth respondent with whom it is stated his father has an illicit relationship.
2. The alleged detenue Sri. Laly David is present in person. He made available to us the original of the identity card issued by the Election Commission of India bearing No.LNH2026078. We perused the same. We are satisfied that the person who is present before us is Sri. Laly David. A photostat copy of the identity card (both sides) is incorporated in the records. He also submitted that he is a free agent and that he is not in illegal confinement or custody. He also submitted that he is busy with the conduct of Grand Kerala Shopping Festival and on account of his W.P.(Crl.)520 of 2014
-2-
commitments he is forced to travel frequently all over Kerala.
3. The writ petitioner is not present. The learned counsel appearing for the writ petitioner does not dispute the identity of the person who is present in court claiming to be Sri. Laly David. In such circumstances, as the alleged detenue has expressed an unequivocal terms that he is a free agent, no orders can be passed in the instant writ petition. If as contended by the petitioner the marital relationship between his mother and father is estranged, the remedy lies elsewhere.
The writ petition fails and is accordingly dismissed.
Sd/-
P.N. RAVINDRAN, JUDGE Sd/-
A. HARIPRASAD, JUDGE shg/
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Title

Jerin L.H vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
23 December, 2014
Judges
  • P N Ravindran
  • A Hariprasad
Advocates
  • Sri Sam Isaac
  • Pothiyil Sri