IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS &

THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN MONDAY, THE 10^TH DAY OF APRIL 2023 / 20TH CHAITHRA, 1945 WP(CRL.) NO. 357 OF 2023 PETITIONER:

SUDHAKUMARI V.

AGED 52 YEARS W/O SHIBU L., RESIDING AT RAMA NILAYAM, KULATHUMMAL, KATTAKKADA, KURUTHAMCODE, THIRUVANANTHAPURAM, PIN -

695572 BY ADVS.

R.N.SANDEEP KEERTHI VIJAYAN RAHUL S.R.

RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE HOME SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -

695001

2 COURT OF SPECIAL JUDGE FOR THE TRAIL OF OFFENCES UNDER POCSO ACT, THALASSERY REPRESENTED BY SIRASTHADAR, DISTRICT COURT COMPLEX, THALASSERY OVER BRIDGE, PALISSERY, THALASSERY, KANNUR, PIN - 670101

3 THE DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, THIRUVANANTHAPURAM, PIN - 695001

4 DISTRICT POLICE CHIEF, KANNUR CITY OFFICE OF THE COMMISSIONER OF POLICE, KANNUR CITY, TALAP, KANNUR, PIN - 670002

5 SUPERINTENDENT, SUB JAIL THALASSERY KANYAKUMARI - PANVEL HIGHWAY, THALASSERY, KANNUR, PIN -

670101

6 CIRCLE INSPECTOR OF POLICE THALIPARAMBA POLICE STATION, THALIPARAMBA P.O., TALIPARAMBA, KANNUR, PIN - 670141 BY ADV PUBLIC PROSECUTOR SRI. SAIGI JACOB PALATTY-SR. GP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ALEXANDER THOMAS & C. JAYACHANDRAN, JJ.

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WP(Crl) No.357/2023 ==================

Dated this the 10^th day of April, 2023 J U D G M E N T ALEXANDER THOMAS, J.

The prayers in the aforecaptioned Writ Petition (Criminal)

seeking for Habeas Corpus are as follows:

“a. Issue a writ of habeas corpus or any other appropriate writ order or direction commanding and compelling the respondents to produce the corpus of the Jithesh S.S. before this Hon’ble Court and to set him free.

b. pass such other writ order or direction that this Court may deem fit and proper in the facts and circumstances of the case.

c. to award the cost of this petition.”

2. Heard Sri.R.N.Sandeep, learned counsel appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Prosecutor appearing for the respondents.

3. This case was admitted on 05.04.2023, on which day we passed a detailed order of granting interim relief and ordering the release of the petitioner from the Sub Jail concerned, provisionally and subject to the result of this writ proceedings. The said detailed order dated 05.04.2023 reads as follows:

“Admit WP(Crl.).

2. The learned Prosecutor has taken notices for all the respondents. Service complete.

3. It is urged by Sri.R.N.Sandeep, learned counsel appearing for the petitioner that, 2 false cases have been foisted on the alleged detenu (Sri.Jithish S.S., aged 24 years, son of the petitioner) for various offences, including offences under the POCSO Act, in which the first informant is a minor girl and the false cases have been so foisted on account of the animosity of her parents against the detenu.

4. Further that, the 1st crime was registered as Crime No.

758/2022 of Thaliparamba Police Station, for various offences including that of POCSO offences. That, the detenu was remanded on 28.6.2022, on account of his involvement in the first crime. The Special POCSO Court (The Court of the Special Judge for the trial of offences under POCSO Act, Thalassery) has granted him Regular Bail in the 1 st crime on 16.9.2022 and after execution of bail bond, etc., he was released. The 2nd crime was registered as Crime No. 1248/2022 of Thaliparamba Police Station, for similar offences. The detenu was remanded on 28.10.2022 in the 2nd crime. The Sessions Court had rejected his Regular Bail plea in the 2nd crime. However, this Court, as per Ext.P-1 order dated 31.3.2023 in B.A. No.2569/2023 found that, though the FIR mentions various offences, the FIS as well as the statement of the victim recorded under Sec.164 Cr.P.C. does not disclose any offences against the detenu and even the Final Report in the 2nd crime has been filed. Hence, this Court, as per Ext.P-1 ord