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 2ND JANUARY 2008 / 12TH POUSHA 1929 WP(Crl.).No. 306 of 2007(S) --------------------------- PETITIONER: ------------ RAMLATH, W/O.HAMSAKUTTY, AGED 38 YEARS, KOYIKARAMATTIL HOUSE, VELUPPADAM P.O., THRISSUR. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, THRISSUR DISTRICT. 2. THE SUB INSPECTOR OF POLICE, VARANTHARAPPILLY POLICE STATION, THRISSUR. 3. RAJESH, S/O.SASI, ELLUMPARAMBIL HOUSE, VELUPPADAM P.O., THRISSUR. BY ADV. SRI.RAJESH CHAKYAT GOVT. PLEADER SRI.C.M.KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. --------------------------------- W.P.(Crl).No.306 OF 2007 ------------------------------------ Dated this the 2nd day of January, 2008 JUDGMENT Raman, J. Petitioner complains that her daughter Jamseena aged 18 years is under illegal custody of the third respondent. As per the averments in the writ petition petitioner is stated to be the wedded wife of Sri.Hamsakutty who is working at Abudabi and three children were born to them in the wedlock. But on 17/12/2007, petitioner's daughter Jamseena was found missing and on enquiry petitioner came to understand that the third respondent has forcefully taken Jamseena from her house. Pursuant to the direction of this court, the alleged detenue is produced before us. Jamseena said that she is now residing with the third respondent who is stated to be her husband. 2. In view of the subsequent developments it is not necessary to go into the merits of the case. It is brought to our notice by the counsel appearing for the third respondent that the alleged detenue has been produced before JFCM, Irinjalakkuda on 18/12/2007 and the Magistrate Court permitted the alleged WP(Crl.)No.306/07 2 detenue to go along with the third respondent. In the above facts and circumstances, we do not find that the petitioner's daughter Jamseena is under illegal custody of any one. Writ Petition is closed. This will not stand in the way of the parties seeking appropriate relief if any entitled to by them from other forum. Having taken into consideration the facts and circumstances of the case, we direct respondents 1 and 2 to ensure that no untoward incident happens since both parties belong to different religion. Respondents 1 and 2 shall give necessary protection to the parties. (P.R.RAMAN, JUDGE) (V.K.MOHANAN, JUDGE) sv.