IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(Crl.).No. 229 of 2010(S) --------------------------- PETITIONER: --------------- V.K.RAJAPPAN, R/W Q.NO. 138/C, ERNAKULAM SOUTH, COCHIN-16, PIN-682016. BY ADV. SRI.G.SANTHOSH KUMAR (P). RESPONDENTS: --------------- 1. COMMISSIONER OF POLICE, COCHIN CITY. 2. CIRCLE INSPECTOR, CENTRAL POLICE STATION, ERNAKULAM. 3. SUB INSPECTOR, CENTRAL POLICE STATION, ERNAKULAM. 4. SANAL KUMAR.P.P., PALAPURATH HOUSE, N.A.D. P.O., NOCHIMA, PIN-683563. 5. VIMALA, MOTHER OF SANAL KUMAR.P.P. PALAPURATH HOUSE, N.A.D. P.O., NOCHIMA-683563. GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR ADV. SRI.P.A.MUJEEB FOR R5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.229 of 2010 ********************* Dated this the 10th day of August, 2010 JUDGMENT BASANT, J. This judgment must be read in continuation of our earlier orders resting with the order dated 13.07.2010. This petition has been filed by the petitioner for issue of a writ of habeas corpus to search for, trace and produce his daughter-Radhika, aged 15 years (date of birth - 11.02.1995). She has completed her 10th standard and has passed the S.S.L.C Examination. She was missing from 27.05.2010. A crime was registered by the police and the petitioner came to this Court on 14.06.2010 as the police had not succeeded in tracing the alleged detenue. 2. This petition was admitted on 15.06.2010. The alleged detenue had come to Court on 21.06.2010. She was sent along with her parents vide order dated 21.06.2010. She has been continuing with her parents from that date. Later she had appeared before this Court along with her parents on 13.07.2010. The case was thereafter posted to this date. 3. Today when the case is called, the petitioner is present along with his wife. The alleged detenue has also come to Court along with the petitioner. The elder sister of the alleged W.P(Crl.) No.229 of 2010 2 detenue - Rakhi, is also present. The petitioner is represented by his counsel. The 5th respondent has appeared in person. A counsel appears for the 5th respondent and submits that he is making representations on behalf of the 4th and 5th respondents. 4th respondent is the son of the 5th respondent. He is an adult major person. He is now under judicial custody in connection with the crime registered in respect of the disappearance/kidnapping of the alleged detenue Radhika. 4. The alleged detenue states before us that she is not pregnant now. She agrees that she will go along with her parents and sister today. The 15 year old alleged detenue states before us that when she attains the age of 18 years, she wants to marry the 4th respondent. The petitioner and his wife have already filed a joint affidavit dated 08.07.2010 undertaking before Court that the alleged detenue shall not be given away in marriage to anyone before she attains the age of 18 years and that even thereafter her marriage shall not be conducted without the consent of the alleged detenue. 5. The alleged detenue is only aged 15 years, her date of birth being 11.02.1995. The petitioner, being the legal guardian of the minor, is undoubtedly entitled to the custody of his minor daughter. He has already undertaken before this Court along W.P(Crl.) No.229 of 2010 3 with his wife that the alleged detenue shall not be given away in marriage till she attains the age of 18 years and that she shall not be given in marriage to anyone even thereafter without her consent. We are satisfied, in these circumstances, that this Writ Petition can be allowed and appropriate directions can be issued. 6. In the result: a) This Writ Petition is allowed; b) The alleged detenue, the minor daughter of the petitioner, aged 15 years (date of birth - 11.02.1995), is permitted to leave the Court along with the petitioner, her father, accepting the undertaking of the petitioner and his wife as given in the affidavit dated 08.07.2010 and as agreed by the alleged detenue. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/ W.P(Crl.) No.229 of 2010 4 R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.229 of 2010 ********************* Dated this the 21st day of June, 2010 W.P(Crl.) No.229 of 2010 5 ORDER BASANT, J. 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 Radhika, aged 15 years (date of birth - 11.02.1995). She has completed her 10th standard and has passed the SSLC examination. She was missing from 27.05.2010. A crime was registered by the police as Crime No.1524 of 2010 of Central Police Station, Ernakulam on 01.06.2010. As the police had not traced the alleged detenue, the petitioner came to this Court with this Writ Petition on 14.06.2010. The petition was admitted on 15.06.2010 and the case was posted to 18.06.2010. 2. Today when the case is called, the petitioner is present along with his wife. He is represented by his counsel. The alleged detenue has also come to Court along with the petitioner. The learned Government Pleader submits and the petitioner and his counsel accept that the alleged detenue was traced on 17th midnight from Salem and brought to Ernakulam on the 18th of this month. She was produced before the learned Magistrate having jurisdiction and the learned Magistrate had entrusted the alleged detenue with the petitioner. As directed W.P(Crl.) No.229 of 2010 6 by the learned Magistrate, the petitioner has today come to Court along with the alleged detenue. 3. We allowed the alleged detenue to remain alone in the Chamber with opportunity for no one to influence her. Later we interacted with the alleged detenue. The alleged detenue states that she cannot live without the 4th respondent. She submits that she wants to marry the 4th respondent. 4. Though on 18.06.2010 a counsel had entered appearance for the 5th respondent, there is no one to represent the 4th and 5th respondents today. The learned counsel for the petitioner and the learned Government Pleader were also present in the course of our interactions with the alleged detenue. We initially interacted with the alleged detenue alone. Subsequently we interacted with her in the presence of her parents. 5. The learned Government Pleader submits that the investigation is in progress. The medical test has to be conducted. The necessary steps have already been taken. Results have not been obtained. 6. The petitioner and his wife undertake that the alleged detenue shall not be given in marriage to anyone till she attains the age of 18 years and thereafter she shall not be given in W.P(Crl.) No.229 of 2010 7 marriage to anyone without her consent. The petitioner and his wife agree to file an affidavit of undertaking incorporating the above submissions. 7. We are satisfied, in these circumstances, that the alleged detenue can be permitted to return along with the petitioner and his wife. The case shall be called again on 12.07.2010. On that day, we shall hear respondent Nos.4 and 5, if they want to make any submissions. The police shall apprise the parents of the alleged detenue the result of the medical test. The learned counsel for the petitioner undertakes that the petitioner and his wife shall file a joint affidavit of undertaking unconditionally undertaking not to give the alleged detenue in marriage to anyone before she attains the age of 18 years and further not to give her in marriage to anyone thereafter without her consent. 8. Call on 12.07.2010. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/