IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(Crl.).No. 369 of 2011(S) -------------------------------------- PETITIONER(S): ----------------------- 1. SASI.C,S/O.CHELLAPPAN,VATTAVILA VEEDU, MANKOTTAM,EDACODE,NEMON P.O,THIRUVANANTHAPURAM. 2. SHAILAJA,W/O.SASI,VATTAVILA VEEDU, MANKOTTAM,EDACODE,NEMOM P.O,THIRUVANANTHAPURAM. BY ADV. SRI.LIJU. M.P RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KERALA,ERNAKULAM 695 001. 2. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM 695 001. 3. THE CIRCLE INSPECTOR OF POLICE, NEMAM, THIRUVANANTHAPURAM DISTRICT. 695 001. 4. THE SUB INSPECTOR OF POLICE, NEMAM POLICE STATION, THIRUVANANTHAPURAM 695 001. 5. KRISHNAN POTTY,S/O.SREENIVASAN, PREETHI BHAVAN,THACHOTTUKAVU, MALAYINKEEZH P.O,THIRUVANANTHAPURAM 695 571. 6. PREETHIMOL V,D/O.VILASINI, PREETHI BHAVAN,THACHOTTUKAVU, MALAYINKEEZH P.O,THIRUVANANTHAPURAM 695 571. R1 TO R4 BY GOVT.PLEADER SHRI C.M.KAMAPPU R5 BY ADV. SRI.D.SREEKUMAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU WPCR.NO.369/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SCHOOL LEAVING CERTIFICATE OF MISS.SARI S.S. RESPONDENT'S EXIBITS: NIL /TRUE COPY/ P.A. TO JUDGE SU THOTTATHIL B.RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ----------------------------------- W.P(Crl.).No.369 OF 2011 ------------------------------------ Dated this the 20th day of September, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. Petitioners' daughter was allegedly missing. She has been traced out by the police in the company of the 5th respondent. Going by earlier minuted orders, they were found in a critical situation and were later admitted in hospital. They recovered fortunately and are presented before us by the police. It appears that the alleged detenue has realised the fall out of the situation and has clearly told us that she would go with her parents who are present in court. The 5th respondent is prepared to go with his parents. We do not express anything further regarding the allegations made by the petitioners or the disclosures by the investigating officer. We do so more particularly because the 6th respondent is stated to be the wife of the 5th respondent and that couple has a child. WPCR.369/11 2 Having noticed that the alleged detenue is no more under any illegal detention, we close this matter, leaving the alleged detenue and the 5th respondent to go with their respective parents. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- C.T.RAVIKUMAR, Judge. kkb.20/9. WPCR.369/11 3 THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- W.P(Crl.).No.369 OF 2011 ------------------------------------ Dated this the 9th day of August, 2011 O R D E R Thottathil B.Radhakrishnan,J. 1.Learned Government Pleader will obtain instructions, including about Crime No.840/11 of Nemom Police Station and any judicial proceedings drawn by the Judicial First Class Magistrate Court, Neyyattinkara in relation to that case. 2.Issue notice by special messenger to the 5th respondent to produce the alleged detenue or otherwise file affidavit, without fail, on or before the next date of hearing. The police officers will ensure the presence of the alleged detenue and the 5th respondent before this Court at the next date of hearing. WPCR.369/11 4 3.The Office will call for the entire file relating to the judicial proceedings as regards Crime No.840/11 of Nemom Police Station from the court of the Judicial First Class Magistrate, Neyyattinkara to be sent down through a messenger forthwith. Post on 17.8.2011. H/o. THOTTATHIL B.RADHAKRISHNAN, Judge. K.SURENDRA MOHAN, Judge. kkb.9/8.