IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 WP(Crl.).No. 405 of 2010(S) --------------------------- PETITIONER: --------------- THARIAN OOMMEN,AGED 64 YEARS, S/O.LATE K.K.THARIAN,MALAYIL THEVERAKATTIL, THEKKEMALA PO,KOZHENCHERRY-689 654. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: --------------- 1. THE SUPERINTNDENT OF POLICE PATHANAMTHITTA. 2. THE C.I.OF POLICE, KOZHENCHERRY,PATHANAMTHITTA DISTRICT. 3. THE SUB INSPECTOR OF POLICE,ARANMULA. 4. THE ASSISTANT SUB INSPECTOR OF POLICE, ARANMULA, PATHANAMTHITTA DISTRICT. 5. THE SUB INSPECTOR OF POLICE, VENMONY, ALAPPUZHA DISTRICT. 6. ANIL,S/O.CHANDRAN, ALANGOT COLONY, PUNTHALA PO, CHENGANNOOR VIA, ALAPPUZHA DISTRICT. SR. GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** W.P(Crl) No.405 of 2010 ***************************** Dated this the 29th day of October, 2010 JUDGMENT BASANT, J. This judgment must be read in continuation of the earlier order passed by us on 15.10.2010. The alleged detenue, who has admittedly attained majority, has come to Court today along with the petitioner, her father. The alleged detenue, even on the last date of posting, had stated before us that she wants to return along with the petitioner, her father. In the circumstances of the case, we had given further time to her to make her response after due contemplation. She was given time to get over the confusion, which she was found to entertain on that day, and take a firm decision. 2. Today when the case is called, the alleged deenue has come to Court along with the petitioner. In Court when we ascertained her response, she states firmly that she wants to return along with the petitioner herein, her father. The 6th respondent has not so far entered appearance. W.P(Crl) No.405 of 2010 2 3. As directed in the order dated 15.10.2010, the petitioner has today filed an affidavit stating that the alleged detenue shall not be given away in marriage to any one without her full consent. We accept the affidavit. 4. We are satisfied that it is not necessary to wait for service of notice on the 6th respondent and his appearance. The alleged detenue, who is admittedly a major now, she having been born on 06.12.1991, has expressed her desire that she may be permitted to return from Court along with her father. We accept her decisional autonomy. We accept her decision. We are satisfied, in these circumstances, that this petition can be allowed. 5. In the result: a) This petition is allowed; b) The alleged detenue Linda is permitted to leave the Court along with the petitioner, her father, as desired by her. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/