IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(Crl.).No. 222 of 2010(S) --------------------------- PETITIONER: --------------- SHARAFUDEEN M., S/O.MOHAMMED KUNJU, EDATHUNDIL VEED, PERUMPUZHA P.O., THOOKUPALAM, IDUKKI DISTRICT. BY ADV. SRI.S.M.ALTHAF SRI.C.JAYACHANDRAN (KAYAMKULAM) RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, KOLLAM DISTRICT, KOLLAM. 3. CIRCLE INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM DISTRICT. 4. SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM DISTRICT. 5. NAHAS @ SUDEER, NAHAS MANZIL, VADAKKEVILA P.O., PALLIMUKKU, KOLLAM DISTRICT. 6. NABEESATH BEEVI, NAHAS MANZIL, VADAKKEVILA P.O., PALLIMUKKU, KOLLAM DISTRICT. BY GOVT. PLEADER MR. K.J. MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/06/2010, ALONG WITH WPCR NO. 230 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL) NOS. 222 & 230 OF 2010 ============================ DATED THIS THE 23RD DAY OF JUNE 2010 JUDGMENT Basant,J. This common judgment must be read in continuation of the earlier orders passed resting with the order dated 18/6/2010. 2. Today when the case is called, the petitioner in W.P.(Crl) No.222/2010 and his wife are present along with the alleged detenue, Ameena. As the alleged detenue was sent by us along with her parents as per the order dated 18/6/2010 and she came from the custody of her parents, we wanted Ameena to remain in the chamber without opportunity to anyone influence her before we ascertained her response. Accordingly she was permitted to remain in the chamber without opportunity for anyone to influence her. 3. After the lunch recess, we interacted with the alleged detenue. She has now changed her stand completely. She now states that she realises her folly and she wants to return along with her parents. She does not want to have any continued W.P.(CRL)NOS.222 & 230/2010 2 relationship with Nahas, the 5th respondent in W.P.(Crl) No.222/2010. 4. The 5th respondent has come today to court along with his uncle Shajahan. We initially interacted with the alleged detenue, Ameena alone. As she has changed her version which she gave us on 18/6/2010, we spent considerable time to ascertain whether her response today was genuine and uninfluenced. We later had interactions with her in the presence of her parents. Subsequently we had interactions with Ameena in the presence of Nahas and his uncle. Ameena accepted the request of the 5th respondent that he must be permitted to have interactions with her alone. Accordingly, for a short period of time, the 5th respondent and Ameena had interactions . 5. The learned Government Pleader as also the counsel for the petitioner and counsel for respondents 5 and 6 in W.P.(Crl) No.222/2010 were also present. 6. Nahas also now accepts the desire of the alleged detenu Ameena that she does not want to go with him and wants to return along with her parents. Both sides agree that they have no complaint or grievance against the other and there shall be W.P.(CRL)NOS.222 & 230/2010 3 no proceedings initiated against each other on the basis of the events in this case. Both sides agree that they shall not cause any hardship or difficulty to the other. It is also agreed that there is nothing to give or return between the parties. 7. We accept the decision of Ameena that she wants to return along with her parents and does not want to have any further relationship with the 5th respondent. We accept her statement that it was an error or folly on her part to have gone with the 5th respondent without the consent of her parents. So far as W.P.(Crl)No.230/2010 is concerned, we are satisfied that Nahas, the alleged detenu, is not under the confinement or detention of anyone. 8. In the result, a) Writ Petition(Crl).No.230/2010 is dismissed. b)Writ Petition(Crl)No.222/2010 is allowed. c)The alleged detenue Ameena is permitted to return from court along with her parents as desired by her. R. BASANT, JUDGE ks. M.C. HARI RANI,JUDGE W.P.(CRL)NOS.222 & 230/2010 4 ks. ks.