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 13TH JULY 2009 / 22ND ASHADHA 1931 WP(Crl.).No. 270 of 2009(S) --------------------------- PETITIONER(S): --------------- THALLAJAM, W/O. SHAJI, THOCK-CHOM BHAVAN, NEAR ESI HOSPITAL, PUNUKKANOOR, PERUMPUZHA P.O., ELAMBALLOOR VILLAGE, KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM. 3. RENJITH RAJ, S/O. USHA, RESIDING AT SANTHOSH BHAVAN, PUNAKKANNOOR, PERUMPUZHA P.O., ELAMBALLOOR VILLAGE, KOLLAM. 4. USHA, W/O. RAJENDRAN, RESIDING AT SANTHOSH BHAVAN, PUNAKKANNOOR, PERUMPUZHA P.O., ELAMBALLOOR VILLAGE, KOLLAM. ADV. SRI.SOORANAD S.SREEKUMAR FOR R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.270 of 2009 ------------------------------------- Dated this the 13th day of July, 2009 JUDGMENT BASANT, J. The petitioner, the mother of the alleged detenu Reshma Lal aged 16 ½ years has come to this court with this petition for issue of a writ of habeas corpus to search for, trace and produce her daughter, the alleged detenu. According to the petitioner, the alleged detenu is aged about 16 years - she having been born on 10/12/1992. She was missing from 03/07/2009. The alleged detenu was residing with the petitioner and her two other children. The husband of the petitioner is employed abroad (U.K). The petitioner apprehended that the alleged detenu is under illegal detention/confinement of respondents 3 and 4 who reside in the neighbourhood. A crime was registered by the Kundara police station as crime No.682/09. The police were not able to trace the alleged detenu and it is at this juncture that the petitioner came to this court with this petition. W.P.(Crl) No.270/09 2 2. This petition was filed on 08/07/2009. It was admitted on 09/07/2009. Notice was ordered to the respondents and the case was posted to this date. Today the petitioner is present along with her counsel. The 4th respondent who is the mother of the 3rd respondent is also present along with her counsel. The alleged detenu has been traced by the police and has been produced before this court. She has not been produced earlier before any Magistrate. It is submitted that she was traced only yesterday and hence the police have brought her directly to this court as this case stood posted to this date. 3. We permitted the alleged detenu Reshma Lal to be in the chamber. Permission was granted to the petitioner, the mother of the alleged detenu, to interact with her. We interacted with the alleged detenu after the post lunch session at the chamber. The alleged detenu Reshma Lal states that she is aged 16 years, she having been born on 10/12/1992. According to her, she was in love with the 3rd respondent and had gone away with him on 03/07/2009. She was traced by the police only on 12/7/2009. In response to specific queries by this court, the alleged detenu stated that she now wants to return with her W.P.(Crl) No.270/09 3 mother, the petitioner herein. 4. We are satisfied that the petitioner is the person entitled to keep custody of her minor child. We note that the minor child - the alleged detenu, has also agreed to return to her mother, the petitioner herein. The petitioner undertakes that the minor shall not be given in marriage to anyone before she completes the age of 18 years. The petitioner further undertakes that the minor shall be permitted to continue her studies and that her marriage shall be performed after she attains the age of 18 years, at the appropriate time only with the consent of the alleged detenu. The learned Government Pleader submits that the medical examination of the alleged detenu is already over and that the police do not need the alleged detenu in their custody for any purpose now. The 4th respondent, the mother of the 3rd respondent, submits that the 3rd respondent had gone as usual for his work about 10 days back and that she has no information about the whereabouts of her son, the 3rd respondent. 5. In any view of the matter, we are satisfied that the alleged detenu, a minor girl aged 16 years has to be sent back W.P.(Crl) No.270/09 4 from the court only along with the petitioner. The minor/alleged detenu agrees to that course and we are satisfied that this writ petition can in these circumstances be allowed and appropriate directions can be issued. 6. In the result, a) This writ petition is allowed. b) The petitioner is permitted to take the alleged detenu - her minor daughter Reshma Lal aged 16 years (date of birth : 10/12/1992) as agreed by her. The petitioner shall keep her minor daughter in her care, custody and protection in accordance with law. 7. The affidavit of the petitioner is received and kept in the file. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr