IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(Crl.).No. 6 of 2008(S) ------------------------- PETITIONER: ------------ HASEENA BEGAM, W/O. MANOJ KUMAR @ SHAIK MOHAMMED, AGED 21 YEARS, MARTHAL, 'ARAFAT NAGAR', TITTUVILAI, BOOTHAPANDY P.O., KANYAKUMARI DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ------------- 1. MANOJ KUMAR @ SHAIK MOHAMMED, S/O. MURALEEDHARAN NAIR, KUREEKATTIL KIZHAKKETHIL, IYRAVON P.O., KONNI, PATHANAMTHITTA DISTRICT. 2. MANU, S/O. MURALEEDHARAN NAIR, KUREEKATTIL KIZHAKKETHIL, IYRAVON P.O., KONNI, PATHANAMTHITTA DISTRICT. 3. PRASEETHA, W/O. MANU, KUREEKATTIL KIZHAKKETHIL, IYRAVON P.O., KONNI, PATHANAMTHITTA DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, KONNY, PATHANAMTHITTA DISTRICT. 5. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 6. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER SRI.C.M.KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. --------------------------------- W.P(Crl).No.6 OF 2008 ------------------------------------ Dated this the 9th day of January, 2008 JUDGMENT Raman, J. Petitioner is the mother of baby Rafeekka, the alleged detenue. The child is aged only 6 months old. The first respondent herein is the father of the child. It is alleged that respondents 1 to 3 had stolen the said child while the petitioner had gone for work and they have entrusted the child at an orphanage. Pursuant to the notice issued respondents 1 to 3 appeared through counsel. They are also present. Petitioner also present. Child is produced. On interaction, petitioner admits that child was hand over to the first respondent. However, the petitioner wants the child. Respondents 1 to 3 have no objection in handing over the child to the petitioner. In such circumstances, child is directed to be handed over to the petitioner by way of interim custody. The right of the parties, if any to approach the Family court is left open. Writ Petition is closed. (P.R.RAMAN, JUDGE) (V.K.MOHANAN, JUDGE) sv.