IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(Crl.).No. 27 of 2011(S) -------------------------- PETITIONER: --------------- MUHAMMED HUSSAIN, AGED 46 YEARS, S/O.ABDUL KHADER, KOTTUKULATHU, PADIMAN P.O., NOW RESIDING AT KOTTUKULATHU BUILDING, OPP:GOVERNMENT HOSPITAL, MALLAPPALLY. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 2. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA. 3. SAJI, MARUTHUR HOUSE, UNNATHANI, PROPRIETOR, K.M.S.CATERING SERVICE, MALLAPPALLY. 4. SHAHINA, NOW RESIDING AT KOTTUKULATHU BUILDING, OPP: GOVERNMENT HOSPITAL, MALLAPPALLY. 5. THE DISTRICT PROBATION OFFICER, PATHANAMTHITTA. GOVERNMENT PLEADER, SRI P K BABAU FOR R1 & 2 ADV. SRI.S.SUBHASH CHAND FOR R3 SRI.V.SETHUNATH FOR R4 SRI.PRAKASH KESAVAN FOR R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 31/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No. 27 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of January 2011 JUDGMENT Joseph J., The petitioner has approached this Court complaining illegal detention of his son and also directing that the child may be released with the petitioner or to any reputed educational institution under the supervision of this Court and the fifth respondent. 2. Briefly put the case of the petitioner is as follows. The petitioner's second son is a student of 10th standard. He was detained by the third respondent and his associates. The detenue was compelled to do work in the catering unit of 3rd respondent and his associates. He is missing from his school for the past 22 days. 3. A counter affidavit is filed by the third respondent denying the allegations. The child was produced before this Court. We W.P.(Crl.) No. 27 of 2011 :2: interacted with the petitioner, fourth respondent - who is the wife of the petitioner and also the alleged detenue. We do not think that the petitioner has made a case of detention, as such. 4. The learned Government Pleader submitted that necessary instructions are given to the D.E.O., Thiruvalla to ensure the attendance of the child in the School regularly. It is submitted on behalf of the fourth respondent that the child will be sent to school regularly. We record the said undertaking. 5. Leaving open the right of the petitioner to seek appropriate orders regarding any issues before appropriate forum, we close this Writ Petition. K.M. JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/