IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(Crl.).No. 13 of 2011(S) -------------------------------------------- PETITIONER(S): --------------------- P.VINCENT,S/O.PAULRAJ, VIVIN BHAVAN, IST DIVISION,KOZHIKANAM ESTATE, PEERUMEDU TALUK,IDUKKI DISTRICT. BY ADV. SRI.SANU.S.PANICKER RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE, PEERUMEDU POLICE STATION, IDUKKI DISTRICT PIN 685 602. 2. THE SUPERINTENDENT OF POLICE IDUKKI DISTRICT PIN 685 602. 3. AYYAPPAN, 2ND DIVISION, KOZHIKANAM ESTATE, PEERUMEDU TALUK, IDUKKI DISTRICT PIN 685 602. 4. GRACY KUTTY,W/O. AYYAPPAN, 2ND DIVISION, KOZHIKANAM ESTATE, PEERUMEDU TALUK, IDUKKI DISTRICT PIN 685 602. R1 & R2 BY SR. GOVERNMENT PLEADER SHRI C.M. KAMMAPPU. SRI.M.ZIYAD FOR R3,4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(CRL).NO. 13 OF 2011 S ------------------------------------------ Dated this the 22nd March, 2011 JUDGMENT K.M. Joseph, J. Petitioner seeks a Writ of Habeas Corpus commanding respondents 1 and 2 to produce the detenus, Smt. Shanthi, Vivin and Vasant, who are his wife and children. 2. We had interacted with Smt. Shanthi. We had passed interim orders in this matter. We notice that in the interim order dated 23.2.2011, we had referred to the statement of Smt. Shanthi that she will go and reside with her parents and we had permitted her to reside with her parents. The boys are aged eight and nine years respectively. 3. We record the statement of Smt. Shanthi that the education of the children will be done in the St. Paul's School, Kuttikkanam in the coming academic year (2011 - 2012). We W.P.(CRL).NO.13 OF 2011 S 2 notice that Smt. Shanthi is not prepared to go and reside with the petitioner. We feel that we can close the matter without prejudice to the rights of the parties. In such circumstances, we close the Writ Petition. This will be without prejudice to the rights of the parties to approach the appropriate Forum. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. //True Copy// PS to Judge