IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(Crl.).No. 304 of 2011(S) --------------------------- PETITIONER: -------------------- KARTHIKEYAN, AGED 40, S/O.VELUNNY, THOTTATHI HOUSE, MUPLIYAM POST, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT., HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -693 001. 2. THE SUB INSPECTOR OF POLICE, VELLIKKULANGARA POLICE STATION, THRISSUR DISTRICT - 683 001. 3. JOBY.K.J, D/O.JANARDHANAN, KARANATH HOUSE, CHEMBUCHIRA POST, CHEMBUCHIRA DESOM, MATTATHUR VILLAGE, THRISSUR DISTRICT -6 85 001. GOVERNMENT PLEADER, SHRI C M KAMAPPU FOR R1&2 ADV. SRI.PAUL JACOB FOR R3 SRI.K.R.MURALI FOR R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : A TRUE COPY OF THE MOTION TO REOPEN THE PROCEEDINGS DT.7.9.2010 EXT.P2 : A TRUE COPY OF THE ORDER OF THE IMMIGRATION JUDGE DT.24.9.2010 EXT.P3 : A TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DT.11.6.2011. RESPONDENT'S EXHIBITS : NIL // TRUE COPY// PA TO JUDGE K. M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No. 304 f 2011 S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2011 JUDGMENT K.M. Joseph J., The petitioner approached this Court with the following prayer: “Issue an appropriate writ, order or direction commanding the respondents in nature of a writ of habeas corpus directing the second respondent to produce the body of the minor son Udith, the son of the petitioner detained in illegal custody and illegal confinement of the 3rd respondent, within such time as may be directed by this Hon'ble Court, before this Hon'ble Court in the interest of justice.” 2. Briefly put case of the petitioner is as follows. The parties were in America. Ext.P1 is the true copy of motion to reopen the proceedings. Ext.P2 is the order of immigration Judge. It is stated that the petitioner was a holder of green card and he was employed W.P.(Crl.) No. 304 f 2011 :2: there. It is submitted that the petitioner was ultimately deported. It is stated that the 3rd respondent was not willing to come to India. In the meantime the petitioner came to know that the 3rd respondent has come to India with the child and is staying there. The petitioner made attempts to meet his child, but he was prevented from the same. The petitioner is the natural guardian of the child. He filed Ext.P3 complaint to the 2nd respondent. 3. The child, who is aged 12 years was present today. We interacted with him. We allowed the petitioner to interact with the child. We interacted with the third respondent also. We are not in a position to find that there is any illegal detention by the third respondent. Accordingly the W.P.(Crl.) is closed. K.M.JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/