IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER AND THE HONOURABLE MR. JUSTICE C.T. RAVIKUMAR FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(Crl.).No. 40 of 2009(S) -------------------------- PETITIONER(S): --------------- JESSY RAMESH,W/O.RAMESH, 2/2133(1), PLAMOODE, PATTOM,THIRUVANANTHAPURAM. BY ADV. SRI.D.ANIL KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA,REP; BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR OF POLICE, PEROORKADA. 4. ZIYAD, S/O.NAZEER KHAN, AGED ABOUT 23 YEARS, SUNITHA NIVAS,VATTIYOORKAVU, THIRUVANANTHAPURAM. ADV. SRI.SHAJIN S.HAMEED FOR R4 SRI.G.VENUGOPAL FOR R4 PUBLIC PROSECUTOR SRI. JAI GEORGE - R1 TO R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the F.I.R. 22/09 of Peroorkada Police Station. Ext.2: True copy of the Report filed before the Judicial First Class Magistrate Court-II, Trivandrum by the Peroorkada Police. RESPONDENTS' EXHIBITS: NIL. A.K. BASHEER & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- W.P.(Crl.) No.40 OF 2009 --------------------------------------------------------- Dated this the 6th day of February, 2009 JUDGMENT Basheer, J. Ms. Ragi Ramesh is present in Court along with her mother, the petitioner. The petitioner informed us that her daughter had come back to her on February 4, 2009 and ever since her daughter has been living with her. 2. We have interacted with Ms. Ragi Ramesh, the alleged detenu and respondent No.4 who had allegedly kept the girl in illegal detention. Ms. Ragi Ramesh stated that she is not under illegal detention of respondent No.4 and that she intends to live under the care and custody of her mother. It is brought to our notice that some personal belongings of Ms. Ragi Ramesh are still with respondent No.4. When queried, respondent No.4 informed that he is prepared to hand them over to Ms. Ragi Ramesh or to any authority as directed. 3. Having regard to the entire facts and circumstances, we direct W.P.(Crl.) NO.40/2009 2 respondent No.4 to hand over the bag and other belongings including the mobile phone (without sim) at the office of the Commissioner of Police, Trivandrum city by 10 a.m. tomorrow. The Commissioner of Police shall hand over the same to Ms. Ragi Ramesh who shall appear before him by 10 a.m. tomorrow. The Writ Petition is closed. (A.K. BASHEER) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(Crl.) NO.40/2009 3 A.K. BASHEER & C.T. RAVIKUMAR, JJ. W.P.(Crl.) No.40/2009 JUDGMENT 6th February, 2009