IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WP(Crl.).No. 393 of 2009(S) ------------------------------------------------ PETITIONER(S): ---------------------- SHERY MANOHARAN, HOUSE NO. 319 -4, HARINAGAR, ASRAM, NEW DELHI. BY ADV. SRI.RAFFEEKH.K SRI.O.C.LAIJU RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY, DEPT. OF HOME AFFAIRS,, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, CHENGANNORE POLICE STATION, CHENGANNORE, ALAPPUZHA DIST. 3. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 4. CHELLAMMA K.K., W/O. VASUDEVAN, KALATHUMKAROTE MELETHETHIL HOUSE, ARIKARA P.O., MULAKAZHA VIA, CHENGANNORE, ALAPPUZHA DIST. 5. MANOJ, S/O. VASUDEVAN, KALATHUMKAROTE MELETHETHIL HOUSE, ARIKARA P.O. MULAKAZHA VIA, CHENGANNORE ALAPUZHA DIST. W.P.(CRL).NO.393 OF 2009 S 6. SWAPNA MANOJ, W/O. MANOJ, KALATHUMKAROTE MELETHETHIL HOUSE, ARIKARA P.O., MULAKAZHA VIA, CHENGANNORE, ALAPPUZHA DIST. R1 TO R3 BY GOVERNMENT PLEADER SHRI P.N. SUKUMARAN. ADV. SRI.A.C.DEVY FOR R4 TO 6 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(CRL).NO.393 OF 2009 S PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE COMPLAINT BEFORE THE CHIEF MINISTER AND SUPERINTENDENT OF POLICE SUBMITTED BY THE PETITIONER. EXT.P2 TRUE COPY OF THE COMPLAINT BEFORE THE SUPERINTENDENT OF POLICE SUBMITTED BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(CRL). NO. 393 OF 2009 S --------------------------------------------------- Dated this the 8th February, 2010 JUDGMENT K.M. Joseph, J. This Writ Petition is filed seeking a writ of habeas corpus directing the police to produce the petitioner's son Mahesh M.K. before this Court and release his custody to the petitioner. The case of the petitioner is that the alleged detenu is missing from 10.8.2009. Petitioner is a Nurse working in Apollo Hospital, New Delhi. 2. Today, the alleged detenu has been produced before us. We interacted with him. We also heard the learned counsel for the petitioner and the learned Government Pleader. Today, the maternal grandmother of the detenu is present before us. So, is the petitioner's brother Shri Biju Chacko. Petitioner's mother would submit that she is prepared to take the detenu with her. Learned counsel for the petitioner also submits that the child may be entrusted with the petitioner's mother. In such WP(CRL).NO.393 OF 2009 S 2 circumstances, we allow the alleged detenu, Mahesh M.K. to go with the petitioner's mother, Mrs. Thankamma Chacko and close the Writ Petition. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge