High CourtsDivision Bench(2012) 09 KL CK 0021

Biju Sebastian vs The Sub Inspector of Police, Thiruvambadi Police Station and Sunil

High Court Of Kerala · Decided on 5 September 2012

HON’BLE JUDGES
Pius C. Kuriakose, J · Babu Mathew P. Joseph, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (Criminal) No. 360 of 2012 (S)

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Judgment

2 paragraphs · 229 words

Pius C. Kuriakose, J.—Smt. Shinju, the detenue referred to in this writ petition, appeared before us. Sri. Biju Sebastian, the petitioner, is also present in the court. We interacted Smt. Shinju in detail. She told us that she knows the writ petitioner, who was an attender in St. Joseph''s Hospital where she was working as a nurse. Apart from friendship, there was no love and much less any "deep love which blossomed into inseparable relation" between her and the petitioner as the petitioner alleges. According to her, she went to Tamilnadu where her parents are settled as her grandfather was seriously ill. She told us that she is not under anybody''s detention. She is absolutely free. With reference to the notarially attested affidavit, which was sent by her to the Chief Justice, she stated that the said affidavit was sworn to by her in the presence of a notary at Nagarakovil. We interacted with Biju Sebastian and he was apprised of what Smt. Shinju told us.

The only question that we are called upon to decide is whether Smt. Shinju is under illegal detention as the petitioner alleges. The above question can be answered only in the negative, in view of what Smt. Shinju told us and the tone and tenor in which she talked to us. We dismiss this writ petition, however without any order as to costs.