IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(Crl.).No. 530 of 2011(S) --------------------------- PETITIONER: ----------- ROY.J.V,S/O.JOSEPH,KARITHALA VILAKATHU VEEDU,THRIKKANNAPURAM,THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER(KARAKONAM) RESPONDENTS: ------------ 1. CIRCLE INSPECTOR OF POLICE,KATTAKADA CIRCLE,KATTAKADA,THIRUVANANTHAPURAM-695 001 2. SUB INSPECTOR OF POLICE,NEYYARDAM POLICE STATION,THIRUVANANTHAPURAM DISTRICT- 695 001 3. TITUS,M.T.RANI BHAVAN,VEERANAKAVU, POOVACHAL,PIN-695 575. R1 & R2 BY STAATE ATTORNEY SRI. P. VIJAYARAGHAVAN R3 BY ADV. SRI.S.RAJEEV THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dlk WP(Crl.).No. 530 of 2011(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE SOUTH KERALA DIOCESE CHURCH OF SOUTH INDIA. EXT.P2: COPY OF THE WEDDING PHOTO OF THE PETITIONER AND HIS WIFE SUMITHA RANI. EXT.P3: COPY OF THE CD. EXT.P4: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 2. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE dlk THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(Crl.)No.530 of 2011 ---------------------------------------- Dated this the 22nd day of November, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. The alleged detenue is present with a 55 days old infant. They have come down from Neyyar Dam area. If only we were told at the stage of admission that the child is only 55 days old and that it was delivered by a cesarean section, we would have avoided the appearance of the mother and child. The alleged detenue candidly tells us that she, after the period of her post delivery treatment and care, would go back to the petitioner. It is unfortunate that such a writ petition has been filed. We, however, dissuade from imposing any costs because of the desire of the alleged detenue to cohabit with the petitioner. We, therefore, direct the petitioner to forthwith pay the alleged detenue an amount of Rs.25,000/- for immediate expense of care of the baby and also in connection with the post delivery care, following the cesarean section. We direct that such amount shall be paid, without fail, within a week. We record that the alleged detenue has no objection in the petitioner visiting her to see the child. We also record that even the 3rd respondent has no objection in the petitioner visiting the child. She WP(Crl.).No.530/2011 2 also says that after the care period, she would, on regaining health, go back with the petitioner. We record this. The learned counsel for the third respondent states that the petitioner may make available to the alleged detenue her degree certificate, which is in the petitioner's house, since the alleged detenue has an interview day after tomorrow, which may probably provide financial support for the family, including the child. We direct that the petitioner shall provide such certificate to the residence of the alleged detenue, who now stays with the third respondent, tomorrow itself. The writ petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS/22/11