IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(Crl.).No. 279 of 2010(S) --------------------------- PETITIONER(S): --------------- 1. C.M.SAMUEL, AGED 54 YEARS, S/O.K.C.MATHEW, RESIDING AT:THARAMPALLIYA CHANGALIKUZHI, VAZHOOR P.O., KOTTAYAM. 2. ARUN MATHEW SAMUEL, AGED 23 YEARS, S/O.C.M.SAMUEL, RESIDING AT: THARAMPALLIYA CHANGALIKUZHI, VAZHOOR P.O., KOTTAYAM. BY ADV. SRI.SUNIL JACOB JOSE RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, KARUKACHAL POLICE STATION, KOTTAYAM DISTRICT. 2. SMT.SOSAMMA JOHN, W/O.LATE N.J.JOHN, NEDUVILLA VEEDU, CHEMPAKARA P.O., KARUKACHAL, KOTTAYAM-685 510. 3. SHRI REJI KUTTY JOHN, S/O.LATE N.J.JOHN, NEDUVILLA VEEDU, CHEMPAKARA P.O., KARUKACHAL, KOTTAYAM-685 510. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl) No.279 of 2010 ---------------------------------------- Dated this the 19th day of July 2010 J U D G M E N T Basant,J The petitioners have come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce Mrs.Sujakutty John, wife of the 1st petitioner and mother of the 2nd petitioner. It is their allegation that respondents 2 and 3, the mother and brother of the said Mrs.Sujakutty John are illegally detaining and confining the alleged detenue Mrs.Sujakutty John, a woman aged 46 years, who is now undergoing treatment for brain tumour. According to the petitioners, the alleged detenue is being illegally detained by respondents 2 and 3. The 1st petitioner and the alleged detenue have two children - the eldest being the 2nd petitioner and the youngest being a girl, aged 14 years, Ms.Ashitha by name. We do not think it necessary to narrate the details. To put it in a nut shell, the petitioners contend that the alleged detenue is being illegally detained by respondents 2 and 3. The 1st petitioner is not permitted to meet the alleged detenue. W.P.(Crl) No.279/10 : 2 : 2. This petition was filed on 09/07/2010. It came up for admission on 12/7/2010 before another bench. The case was posted to 14/7/2010. We did not think it necessary to issue any direction to produce the alleged detenue. We issued notice to respondents 2 and 3 with the specific observation that we only want to ascertain the version of respondents 2 and 3. 3. Today when the case is called, the petitioners are not present. They are represented by their counsel. Respondents 2 and 3 have personally appeared before Court. They are represented by a counsel. 4. We interacted with respondents 2 and 3 as also both counsel. Respondents 2 and 3 take the stand that the alleged detenue is seriously sick. There is strain in the relationship between the 1st petitioner and the alleged detenue. The alleged detenue is mortally afraid of the 1st petitioner. She does not want to go with the 1st petitioner or have any interactions with him. Respondents 2 and 3 submit that if the 1st petitioner really wants to meet the alleged detenue, he is at liberty any time to go to the hospital where she is now admitted as an in-patient and have interactions with her, in accordance with the rules of the hospital and in the presence of the 2nd respondent. W.P.(Crl) No.279/10 : 3 : 5. After discussions, we find that the parties have come to a harmonious agreement about the right of the 1st petitioner to visit his wife, the alleged detenue. 6. Accordingly, they agree and we issue the following directions: The 1st petitioner shall be at liberty to go to the hospital where the alleged detenue is now admitted as an in-patient, meet her and interact with her on all Sunday evenings between 4 p.m and 5 p.m, in accordance with the rules of the hospital in the personal presence of the 2nd respondent, the mother of the alleged detenue. 7. In the light of the above direction, the learned counsel for the petitioner submits that no further directions are necessary at the moment. 8. This writ petition is accordingly allowed in part to the above extent. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.(Crl) No.279/10 : 4 : W.P.(Crl) No.279/10 : 5 : W.P.(Crl) No.279/10 : 6 : R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009