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Judgment
K.T. Sankaran, J.
APPENDIX
PETITIONER''S EXHIBITS :
EXT.P1
True copy of petition dt. 23.7.2012 submitted by the petitioner before the first respondent.
EXT.P2
True copy of petition dt. 23.7.2012 submitted by the petitioner before the 2nd respondent.
The petitioner claims to be a friend of Vinith B. Nair, aged 52 years. It is alleged in the Writ Petition (Crl) that Vinith B. Nair is under the illegal detention of his mother, Vijayalakshmi B. Nair (the third respondent). The petitioner states that he was admitted in the Central Research Institute for Homoeopathy, Sachivothamapuram, Kottayam and he met Vinith B. Nair from there. It is stated that Vinith B. Nair gave a slip of paper to the petitioner showing the address of his mother and requested the petitioner to save his life. It is alleged that on 9.7.2012, the third respondent came to the hospital along with four goondas and tried to remove Vinith B. Nair from the hospital. Due to the intervention of the doctor, that attempt was foiled. Vinith B. Nair was discharged from the hospital on 19.7.2012 and the moment he came out of the hospital, the third respondent along with two other hired henchmen forcibly took Vinith B. Nair. When the Writ Petition (Crl) came up for admission, we directed the Inspector of Police, Kottayam West Police Station to make a discreet enquiry about the whereabouts of Vinith B. Nair and to ascertain whether he is under the illegal custody of any person.
The learned Government Pleader, on written instructions from the Circle Inspector of Police, Kottayam West, submitted the following : The third respondent Vijayalakshmi Nair is aged 72 years. Her husband, a retired Colonel died when Vinith B. Nair was 12 years old. Vinith B. Nair had a sister, who was a Doctor. She died about 21 years ago. Vinith B. Nair was working in Bombay as an Engineer. His marriage took place in 1993. In 2007, Vinith B. Nair went to Dubai, where his wife Vijaya Nair was working. They have a son aged 17 years, who is residing with the third respondent. Vinith B. Nair was having mental illness and he was being treated from 1993 onwards. He left Dubai without informing anybody. Later, he was found out from Sreeramakrishna Asramam, Thrissur. Vinith B. Nair thereafter went to North India and he was in an Asramam. Later, he came back to Kerala. The Inspector of Police took the statement of the third respondent. The third respondent stated to the Police that Vinith B. Nair was taken to a Homoeopathy hospital by one Abraham Swami. Abraham Swami later contacted the third respondent. It is stated that Abraham Swami was trying to get a power of attorney to deal with the property of Vinith B. Nair, having an extent of 5 acres situated at Pampadi. Vinith B. Nair is at present undergoing treatment in Cardinal Speciality Centre. The wife of Vinith B. Nair contacted the Doctor. She sent e-mail to the Inspector of Police, which discloses that Vinith B. Nair was under medication for a long time. The wife of Vinith B. Nair had given her contact number to the Police.
The learned Government Pleader also submitted that on enquiry, it is revealed that the petitioner is at present admitted in a Homoeopathy Hospital. The petitioner is not present before Court. The Learned Counsel for the petitioner submitted that the petitioner contacted him and stated that the petitioner is admitted in the hospital. In the light of the facts and circumstances as disclosed in the enquiry made by the Police, it would appear that attempts were made by some persons to grab the property belonging to Vinith B. Nair. It cannot be said that he is under the illegal detention of his mother. His mother is aged 72 years and all along, she was looking after the affairs of Vinith B. Nair. We do not find any ground to entertain the Writ Petition. The Writ Petition (Criminal) is, accordingly, closed.