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 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(Crl.).No. 422 of 2011(S) ------------------------------------ PETITIONER(S): ---------------------- DANIEL GEORGE,AGED 49 YEARS,S/O.GEORGE, PLANTHARAYIL,KADAMMINITTA, PATHANAMTHITTA DISTRICT. BY ADV. SRI. K.SHAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY,DEPARTMENT OF HOME, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, KERALA. 3. DISTRICT SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 4. CIRCLE INSPECTOR OF POLICE, KOZHENCHERRY. 5. SUB INSPECTOR, ARANMULA POLICE STATION, ARANMULA. 6. ALOSYIOUS,ALUMMOODU,PERINGAMALA, THIRUVANANTHAPURAM. 7. RAJESH, ALUMMOODU,PERINGAMALA,THIRUVANANTHAPURAM. R1 TO R5 BY GOVT. PLEADER SRI.C.M. KAMMAPPU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(Crl.).No. 422 of 2011(S) APPENDIX PETITIONER'S EXHIBITS: P1 : TRUE COPY OF THE BIRTH CERTIFICATE OF DINCY ANNA DANIEL. RESPONDENT'S EXHIBITS: NIL //TRUE COPY/ P.A TO JUDGE STU R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.422 of 2011 ---------------------------------------- Dated this the 10th day of October 2011 J U D G M E N T R.BASANT,J The petitioner has come to this Court praying for issue of a writ of habeas corpus to search for, trace and produce his minor daughter Dincy Anna Daniel, a Class XI student, aged 17 years (date of birth : 26/08/1994). According to the petitioner, his daughter was found missing from 10/09/2011. The police had not taken the necessary steps to trace the alleged detenue. The petitioner apprehended that the alleged detenue was being illegally detained by respondents 6 and 7. 2. This petition was filed on 15/09/2011. It was admitted on 16/09/2011. Directions were issued from time to time. On 28/09/2011 when the matter came up for hearing, the police officials were directed to make vigorous efforts to trace the alleged detenue and the case was posted to this date. 3. Today when the case is called, the petitioner is present. Along with him, his minor daughter Dincy Anna Daniel has also come to Court. The learned Government Pleader W.P.(Crl)No.422 of 2011 2 reports that the police were able to trace the alleged detenue along with the 7th respondent. His correct name is Ratheesh alias Rajesh. They were produced before the learned Magistrate. The alleged detenue, being a minor girl, was permitted by the learned Magistrate to go along with the petitioner. It is accordingly that the petitioner has today come to Court along with the alleged detenue. 4. As the alleged detenue came to Court along with/in the custody of the petitioner, we allowed the alleged detenue to remain alone in the chamber during the pre-lunch session. After the lunch recess, we interacted with the alleged detenue alone initially and later in the presence of her father. The alleged detenue is a minor girl, she having been born on 26/8/1994. She stated before us categorically that she is now happily residing with her father, the petitioner, after she was entrusted to his custody by the learned Magistrate on 30/09/2011. She has no complaints and states before us that she wants to return along with the petitioner. 5. We are now satisfied that no further directions are necessary in the matter now. Accordingly, we dismiss this writ W.P.(Crl)No.422 of 2011 3 petition and permit the alleged detenue Dincy Anna Daniel to return from Court along with the petitioner, her father. Respondents 6 and 7 have not appeared before the Court. It is submitted that the 7th respondent Ratheesh was produced before the learned Judicial First Class Magistrate Court-1, Pathanamthitta along with the alleged detenue on 30/09/2011. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr W.P.(Crl)No.422 of 2011 4 W.P.(Crl)No.422 of 2011 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010