IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(Crl.).No. 477 of 2010(S) --------------------------- PETITIONER: --------------- HAMZA, S/O.MOHAMMEDKUTTY, AGED 40 YEARS, KOLAMBIL HOUSE, MELEPATTAMBI POST, PATTAMBI, PALAKKD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: --------------- 1. SUPERINTENDENT OF POLICE, PALAKKAD - 1. 2. SUB INSEPCTOR OF POLICE, PATTAMBI POLICE STATION, PATTAMBI - 679303, PALAKKD DISTRICT. 3. RATHEESH, S/O. MADHAVAN, KARATTIYIL HOUSE, KIZHAYUR POST-679303, PATTAMBI, PALAKKAD DISTRICT. SR.GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR GOVERNMENT PLEADER SRI.C.M.KAMMAPPU ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE FOR R-3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(Crl) No.477 of 2010 ***************************** Dated this the 14th day of December, 2010 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his minor daughter Rinshana, aged 16 ½ years (date of birth - 14.05.1994). She is a minor. She was studying for the Plus One course. The petitioner was employed abroad. From 24.11.2010, the alleged detenue has been missing. The petitioner apprehended that his daughter, the alleged detenue Rinshana, is being illegally detained by the 3rd respondent, a person of the locality. Complaint was filed before the police. Crime was registered; but the police did not succeed in tracing the alleged detenue till 08.12.2010. It is, in these circumstances, that the petitioner came to this Court with this petition on 08.12.2010. 2. The petition was admitted on 09.12.2010. Notice was ordered to the respondents. The case was posted to this date. 3. Today when the case came up for hearing, the petitioner is present. He is represented by his counsel. His wife, the mother of the alleged detenue, has also come to Court. The W.P(Crl) No.477 of 2010 2 3rd respondent has come to Court. He is represented by his counsel. The alleged detenue has also been brought to Court. 4. The learned Government Pleader submits that the alleged detenue and the 3rd respondent had appeared before the police yesterday, ie. 13.12.2010. As this case stood posted to this date, the learned Government Pleader had directed the police to ensure that the alleged detenue is produced before Court today without insisting on her production before the learned Magistrate. 5. As the alleged detenue, a minor girl, had appeared before the police along with the 3rd respondent and the police have brought her to Court, we wanted the alleged detenue to remain in the Chamber with no opportunity for the 3rd respondent to influence her in any way. Her parents, ie. the petitioner and his wife, her legal guardians, were however permitted to interact with the alleged detenue during the pre lunch session. 6. After the lunch recess, we interacted with the alleged detenue alone initially and later in the presence of her parents. Subsequently we interacted with her in the presence of the 3rd respondent. The learned counsel for the petitioner, the learned W.P(Crl) No.477 of 2010 3 counsel for the 3rd respondent and the learned Government Pleader were also present. 7. The alleged detenue states before us categorically that she wants to leave the Court along with her parents. She is a minor girl, she having not crossed the age of 17 years. Her parents are the persons entitled to legal custody of the alleged detenue. As the alleged detenue also asserts that she wants to leave with her parents, we are satisfied that her request can be accepted and the alleged detenue can be permitted to leave the Court along with her parents, ie. the petitioner and his wife. 8. Crime has already been registered. We find that the alleged detenue has complaints against the petitioner. We are satisfied that it is sufficient to direct the police to continue proper investigation in the crime that has already been registered. That crime has been registered as Crime 550 of 2010 of Pattambi Police Station. No further or specific directions appear to be necessary. The learned Government Pleader submits that the investigation has proceeded and the alleged detenue has already been examined by a medical officer. 9. We are satisfied that this Writ Petition can now be allowed and appropriate orders passed. W.P(Crl) No.477 of 2010 4 10. In the result: a) This Writ Petition is allowed; b) The alleged detenue Rinshana, aged 16 ½ years (date of birth - 14.05.1994) is permitted to leave Court along with the petitioner and his wife, ie. her parents; c) We record the submission of the learned Government Pleader that the police shall be continuing with the investigation and shall take all necessary steps in accordance with law. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/