IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Crl.MC.No. 3732 of 2007() ------------------------- CMP.5504/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEDUMANGAD .................... PETITIONER: ACCUSED ------------------- RAMAR, M.G.R.NAGAR, KARUMARI AMMAN COIL STREET, DOOR NO.2-84A, NARASIMHA NALLOOR VILLAGE, THIRUNELVELI TALUK, TAMIL NADU. BY ADV. SRI.G.SUDHEER RESPONDENTS: COMPLAINANT ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S.SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No.3732 of 2007 ========================== Dated this the 17th day of January, 2008. ORDER In this petition filed under Section 482 Cr.P.C, the petitioner who was the 1st applicant in C.M.P. No. 5504/2007 on the file of the Judicial First Class Magistrate-II, Nedumangadu, challenges the order dated 24.08.2007 passed by the said Magistrate declining the release of an eight year old female child by name Devi Ammal. 2. According to the petitioner, himself and the 2nd applicant in C.M.P. No. 5504/2007 before the court below are the parents of the said minor child and the child as well as one Maniamma, a relative of the petitioner, were taken into custody by the Nedimangadu police from the premises of the K.S.R.T.C bus stand, Nedumangadu where they were waiting for the bus. Annexure B is the family card issued by the Civil Supplies and Consumer Protection Development, Tamilnadu. Annexure C is the true English translation of Annexure B family card. Annexure D is the identity card of the petitioner issued by the Election Commission of India. Annexure E is the photograph of the minor child Devi Ammal in the company of the petitioner, his wife Ammini and their other children. According to the petitioner, the Magistrate did not conduct a proper enquiry before passing Annexure 1 order. : 2 : 3. Going by the report of the court below, the following facts emerge:- The eight year old minor female child by name Devi Ammal was found along with one Maniamma in the premises of the K.S.R.T.C bus stand, Nedumangadu and the Nedumangadu police took them into custody and registered crime No. 255/2007 for an offence punishable under Section 24(1) of the Juvenile Justice (Care and Protection of Children) Act, 2000. The case was subsequently registered as S.T.No. 1186/2007 before the Judicial First Class Magistrate-II, Nedumangadu. The accused (Maniamma) in the case pleaded guilty and hence was sentenced to simple imprisonment for two months and to pay a fine of Rs.1000/- for the conviction and in default of payment she was directed to undergo simple imprisonment for 30 days as per judgment dated 10.05.2007. The child found in the custody of the accused was however sent to the Missionaries of Charity Home, Kunnukuzhy, Thiruvananthapuram on 29.03.2007 as it was felt that the child was in need of care and protection. It was thereafter that on 18.07.2007 the petitioner herein and another lady filed C.M.P.No. 5504/2007 before the court below seeking release of the minor child. Even though the learned Magistrate has declined the request for release of the minor : 3 : child, in the light of the decision of this Court reported in 2002(1) KLT 525 -Parvathy vs. The Superintendent, Corporation Relief Centre, the SHO, Nedumangadu has been directed to conduct an investigation into the whereabouts of the petitioners and the bona fides of their claim and to file a detailed report regarding the same. As and when the Magistrate receives a report from the S.H.O, Nedumangadu, he will be passing appropriate orders according to law taking into account the materials produced by the S.H.O and also the materials if any produced by the petitioner and the second applicant in C.M.P. No. 5504/2007. It is needless to mention that the learned Magistrate shall pass final orders expeditiously and at any rate within one month of receipt of a copy of this order so that in case the order to be passed is adverse to the petitioner, they can resort to other appropriate remedies. This Crl. M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv : 4 :