IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(Crl.).No. 246 of 2010(S) --------------------------- PETITIONER: --------------- SATHYANESAN, AGED 58 YEARS, S/O.DAVID, HAPPY HOME, VENJARAMOODU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.ZIYAD SRI.SANU.S.PANICKER RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION, TRIVANDRUM DISTRICT. 2. DYSP OF POLICE, ATTINGAL, TRIVANDRUM DISTRICT. 3. DON BOSCO @ JOSHY, AGED 40 YEARS, CHUDUKADU KOLANIYIL VEEDU, OPPOSITE S.D.COLLEGE, ALAPPUZHA-688055. ADV. SRI.SUNIL J.CHAKKALACKAL FOR R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.246 of 2010 ********************* Dated this the 19th day of August, 2010 JUDGMENT BASANT, J. This judgment must be read in continuation of our earlier orders passed in this case resting with the order dated 20.07.2010. 2. 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 daughter Kesiya, a young woman, aged about 18 years (date of birth - 05.05.1992). 3. According to the petitioner, his daughter - the alleged detenue, was allegedly being detained by the 3rd respondent illegally. She was being illegally detained from 23.06.2010. The police traced the alleged detenue Kesiya and produced her before the learned Magistrate on 01.07.2010. The learned Magistrate directed the alleged detenue to be produced before Court and accordingly the alleged detenue was produced before this Court on 02.07.2010. From that date onwards, the alleged detenue is residing along with her parents as agreed by all concerned. The alleged detenue sought further time to take a decision and accordingly when the case came up for hearing on W.P(Crl.) No.246 of 2010 2 20.07.2010, the case was posted to this date to enable the alleged detenue to take a decision. 4. Today when the case is called, the alleged detenue has come to Court along with the petitioner and his wife, the parents of the alleged detenue. The alleged detenue has now admittedly crossed the age of 18 years. Whether we go by her date of birth as asserted by her earlier, ie.05.05.1991, or as asserted by the petitioner herein (05.05.1992), the alleged detenue has now attained the age of majority. The 3rd respondent is admittedly a married person and a child is born in that wedlock. Of course there is a contention that the 3rd respondent has already been married with another woman also. All those controversies do not appear to be relevant now in the light of the circumstances which we shall now proceed to narrate. 5. The alleged detenue states before us today categorically that she has taken the decision to go back with her parents. She shall continue to reside along with her parents. She does not want to have any relationship with the 3rd respondent, admittedly a married person. It is admitted that there is no marriage between the alleged detenue and the 3rd respondent. The alleged detenue now states before us that she W.P(Crl.) No.246 of 2010 3 wants to continue her studies and she does not want to have any relationship with the 3rd respondent. She only submits that she may be not disturbed in any manner by the 3rd respondent hereafter. The 3rd respondent has also come to Court. He is represented by his counsel. He also accepts the decision of the alleged detenue to go with her parents. The 3rd respondent also accepts that he shall not continue to have any relationship with the alleged detenue and that he shall not in any way disturb or cause difficulties to the alleged detenue. The 3rd respondent is not present when we commenced dictation of this judgment. He was present earlier. The learned counsel for the 3rd respondent submits that the 3rd respondent has taken ill and he has gone out of the Court premises. The learned counsel for the 3rd respondent admits and accepts that the 3rd respondent accepts the decision of the alleged detenue and does not want to continue the relationship. 6. The 3rd respondent has further agreed that a photograph of the alleged detenue and the 3rd respondent together, which he has in his possession, shall be handed over by him to the 1st respondent within a period of 10 days. The learned Government Pleader submits that the 1st respondent shall ensure that, that photograph is received from the 3rd respondent and handed over to the alleged detenue. The 3rd respondent has W.P(Crl.) No.246 of 2010 4 accepted and his counsel reiterates that the 3rd respondent shall not in any way misuse the photograph of the alleged detenue with him which he now has in his possession and which he agrees to return within a period of 10 days. He further asserts that no other photograph of the alleged detenue is available with him. 7. Having convinced ourselves that the alleged detenue now does not want to go with the 3rd respondent and wants to return along with her parents, we are satisfied that it is not necessary to continue to keep this petition pending. The petition can now be disposed of. 8. In the result: a) This Writ Petition is allowed; b) The alleged detenue Kesiya is permitted to leave the Court along with the petitioner and his wife, ie. her parents, as desired by her; c) We record the submission of the learned counsel for the 3rd respondent on behalf of the 3rd respondent that the photograph of the alleged detenue shall be returned by him to the alleged detenue through the 1st respondent within a period of 10 days and that he has no other photographs of the alleged detenue alone or with him available with him. He also W.P(Crl.) No.246 of 2010 5 undertakes not to misuse the said photograph in any manner whatsoever; d) We further record the submission of the learned Government Pleader that if there is any complaint about such misuse of the photograph of the alleged detenue, the alleged detenue and her parents shall be at liberty to complain to the 1st respondent, who shall take necessary action in the mater. 9. The admission ticket for the Higher Secondary Examination - March, 2010, issued to the alleged detenue (Examination Centre 01072, Registration No.6022214) which was produced by the alleged detenue before this Court earlier, is returned to her by this Court as desired by her. 10. We record the undertaking of the petitioner and his wife that the alleged detenue shall not be given away in marriage to anyone without her consent. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/ W.P(Crl.) No.246 of 2010 6 R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.246 of 2010 ********************* Dated this the 20th day of July, 2010 ORDER W.P(Crl.) No.246 of 2010 7 BASANT, J. This order must be read in continuation of our earlier orders resting with the order dated 02.07.2010. 2 Today when the case is called, the petitioner and his wife are present. With them the alleged detenue has come to Court. The petitioner is represented by his counsel. The 3rd respondent is present. He is represented by a counsel. 3. We interacted with the alleged detenue alone in the Chamber initially and later in the presence of her parents. Subsequently we interacted with the alleged detenue in the presence of the 3rd respondent. The learned counsel and the learned Government Pleader were also present. 4. The alleged detenue states before us that she wants further time to take a decision. We accept her request. We are satisfied that she can be given a month's time to convey to us her final response. 5. The 3rd respondent admits that he is married to one Sofia and has one child in that relationship. The petitioner places before Court copy of a certificate of birth issued by the Registrar of birth and death, Alappuzha Municipality, to show that a child was born on 12.12.2010 to one Sunitha.R and one Joshy, who is said to be the 3rd respondent herein. The said Sunitha along with W.P(Crl.) No.246 of 2010 8 her child had come to Court on the last date of posting, submits the petitioner as also the 3rd respondent. The petitioner produces a photograph to show that the said Sunitha and the 3rd respondent have been photographed together in that photograph. The 3rd respondent asserts that he has no connection with the said Sunitha and that no child is born to him in such relationship with her. He states that she was only a former neighbour of his. False allegations are being raised by her, he submits. 6. We accept the request of the alleged detenue for further time to take a decision and convey the same to us. Accordingly we permit the alleged detenue to return today from Court along with her parents. All concerned accept and agree that residence of the alleged detenue with the petitioner and his wife shall be subject to the same terms which were imposed by us as agreed by the parties as per our earlier order dated 02.07.2010. 7. Call this petition again on 19.08.2010 for hearing the parties and for issue of appropriate directions. (R.BASANT, JUDGE) W.P(Crl.) No.246 of 2010 9 (M.C.HARI RANI, JUDGE) rtr/