IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(Crl.).No. 358 of 2008(S) --------------------------- PETITIONER: --------------- MATHEW M.C., S/O.CHACKO, AGED 47 YEARS, RESIDING AT MALIKAPPURATH HOUSE, MATTUTHAVALAM P.O., UPPUTHARA VILLAGE, PEERMEDU TALUK, IDUKKI DISTRICT. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, PAINAVU, IDUKKI. 3. THE DEPUTY SUPERINTENDENT OF POLICE, KATTAPPANA. 4. THE CIRCLE INSPECTOR OF POLICE, PEERMEDU. 5. THE SUB INSPECTOR OF POLICE, KATTAPPANA. 6. SUNIL @ VIJAYAKUMAR S/O.SUPPAMMA, AGED 24 YEARS, 23 LAYAM LAUNDRY, CHUNTHALAR P.O., UPPUTHARA (VIA), PEERMEDU TALUK. 7. SUPPAMMA, RESIDING AT 23 LAYAM LAUNDRY, CHUNTHALAR P.O. UPPUTHARA (VIA), PEERMEDU TALUK. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(Crl.)No.358/2004 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL, ST.PHILOMINA'S H.S.S., UPPUTHARA DATED 14-10-2008. EXT.P2. TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER TO THE 5TH RESPONDENT WITH COPY TO RESPODNENTS 2 AND 3 DATED 14-10-2008. EXT.P3. TRUE COPY OF THE FIR AND FI STATEMENT IN CRIME NO.257/2008 OF THE UPPUTHARA POLICE STATION. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & K.T.SANKARAN, JJ. ----------------------------------------- W.P(Crl.)No.358 of 2008 ----------------------------------------- Dated this the 21st day of October, 2008 JUDGMENT Kurian Joseph,J. Petitioner along with his wife is present. The alleged detenue Kumari Ashika Mathew has been produced by the Police. It is submitted that the Police has registered a case against the 6th respondent under Section 366A read with Section 376 IPC. We have interacted with the parents and also with the detenue. It is submitted that she wants to continue her studies in the Plus II class. It is also submitted that she may be permitted to go with her parents. We have advised the parents to take care of their daughter, help her to pursue her studies and also take her to a qualified Psychologist, to which the parents have agreed. Therefore, we permit Ashika Mathew to go with the petitioner. The writ petition is accordingly closed. (KURIAN JOSEPH, JUDGE) (K.T.SANKARAN, JUDGE) ahg. KURIAN JOSEPH & K.T.SANKARAN, JJ. --------------------------- W.P(Crl.)No.358 of 2008 ---------------------------- JUDGMENT 21st October, 2008