IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(Crl.).No. 558 of 2009(S) ------------------------------------------------ PETITIONER(S): ---------------------- 1. JOSEPH THOMAS, PULLAVALLIL HOUSE, VARAYANNOOR P.O., PULLAD (VIA) THIRUVALLA, PATHANAMTHITTA DISTRICT, NOW EMPLOYED IN ABUDHABI, (REP. THROUGH POWER OF ATTORNEY HOLDER JOSHI JOSEPH, KUZHIYATHU HOUSE, MAMPRA P.O., CHENGANNOOR TALUK, ALAPPUZHA DISTRICT. 2. JOSHI JOSEPH, KUZHIYATHU HOUSE, MAMPRA P.O., CHENGANNOOR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.M.BALAGOVINDAN SMT.MINI GANGADHARAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE HOME SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, OFFICE OF THE DGP, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, KOYIPRAM POLICE STATION, VARAYANNOOR P.O., PATHANAMTHITTA DISTRICT. 4. KOSHI THOMAS, ADVOCATE, PULLAVALLIL HOUSE, VARAYANNOOR P.O., POOVATHOOR VIA., THIRUVALLA. W.P.(CRL).NO.558 OF 2009 S 5. MEDICAL SUPERINTENDENT, K.C.M.HOSPITAL, NOORANAD P.O., CHARAMOODU, ALAPPUZHA DISTRICT. 6. MARIAYAMMA TITUS, PANANTHATTATHIL HOUSE, PANCHAYATH MEMBER, KOIPRAM PANCHAYATH, KOIPRAM P.O., PATHANAMTHITTA DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SHRI P.N. SUKUMARAN. R4 BY ADVOCATE SHRI M. M. ALIAS. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & P.Q. BARKATH ALI, JJ. -------------------------------------------------- W.P(CRL). NO. 558 OF 2009 S --------------------------------------------------- Dated this the 4th January, 2010 JUDGMENT K.M. Joseph, J. This is sequel to Ext.P4 Judgment where the parties had approached this Court in connection with the very same matter essentially. In the present writ petition, this Court was pleased to order notice to the fourth respondent, taking note of the need for true implementation of settlement evidenced in Ext.P4. One Mrs. Daisy Thomas, the mother of the first petitioner and the fourth respondent, has been under treatment. According to the petitioners, she is ready for being discharged from the hospital. Reference is made to Ext.P5. 2. We heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the fourth respondent. We also interacted with the second petitioner and the fourth W.P.(CRL).558/09 S 2 respondent. The first petitioner is the brother of the fourth respondent and the second petitioner is the maternal Uncle of the first petitioner and the fourth respondent. Learned counsel for the petitioners would submit that what they essentially want is that when the mother is brought from the hospital to the ancestral house, the fourth respondent may be present. It is the common case that the key to the ancestral house is with the petitioners. 3. The fourth respondent actually wanted to file Counter Affidavit. But, since we are not going into the allegations, we do not think it necessary. The fourth respondent would state that he is prepared to be present when his mother is discharged and brought to the ancestral house on condition that the time when the mother should be brought may be notified. Learned counsel for the petitioners submits that the mother would be discharged and brought to the ancestral house at 2.30 P.M. on 13.01.2010. The fourth respondent submits that he will be W.P.(CRL).558/09 S 3 present in the ancestral house when his mother is brought at 2.30 P.M. on 13.01.2010. We record these submissions and close the Writ Petition. This will be without prejudice to the operation of Ext.P4 Judgment. Sd/= K.M. JOSEPH, JUDGE Sd/= P.Q. BARKATH ALI, JUDGE kbk. // True Copy // PS to Judge