IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(Crl.).No. 262 of 2011(S) ------------------------------------- PETITIONER(S): --------------------- SUMESH DEVADAS, ADARSA,KONNI PO KOZHENCHERRY TALUK, PATHANAMTHITTA. BY ADV. SRI.M.C.CHERIAN SRI.M.A.THOMAS KUTTY SMT.SARAMMA CHERIAN SMT.ASHA CHERIAN SRI.P.M.SANEER RESPONDENT(S): ------------------------ 1. THE CIRCLE INSPECTOR OF POLICE ANCHAL POLICE STATION,KOLLAM DISTRICT 691 306. 2. THE SUB INSPECTOR OF POLICE ANCHAL POLICE STATION,KOLLAM DISTRICT 691 306. 3. THE CIRCLE INSPECTOR OF POLICE KONNI PATHANAMTHITTA DISTRICT 689 691. 4. THE SUB INSPECTOR OF POLICE KONNI, PATHANAMTHITTA DISTRICT 689 691. 5. JISHA JACOB, D/O.P.V. JACOB, JINU BHAVAN, PALAMUKKU, ANCHAL PO, KOLLAM DISTRICT, 691 306, NOW RESIDING AT FLYING CARPET EXPRESS PO, NO. 8313,SHARJAH, AIRPORT FREE ZONE SHARJAH , U.A.E. 6. ROSAMMA JACOB, W/O. P.V. JACOB, JINU BHAVAN, PALAMUKKU, ANCHAL PO, KOLLAM DISTRICT 691 306. 7. JINU JACOB, S/O.P.V.JACOB, ASSOCIATE CONSULTANT, ORACLE FINANCIAL SERVICE SOFTWARE LTD, LOHIYA JAIN IT PARK, PAUD ROAD, KOTHRUD, PUNE-29, MAHARASHTRA. WPCR NO.262 OF 2011: -2- ADDL.8. FOREIGNERS REGIONAL REGISTRATION OFFICER, BUREAU OF IMMIGRATION, 3RD FLOOR, SPECIAL BRANCH BUILDING, BADRUDDIN TAYABJI LANE, BEHIND ST.XAVIER'S COLLEGE, MUMBAI-400 001. ADDL.9. FOREIGNERS REGIONAL REGISTRATION OFFICER, BUREAU OF IMMIGRATION, SHASTRI BHAVAN, 26, HADDOWS ROAD, CHENNAI-600006. (Additional respondents 8 and 9 were impleaded as per order dated 21.6.2011 on I.A.No. 8243/2011) ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R8 & 9 SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR NO.262/2011: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF AFFIDAVIT OF THE 5TH RESPONDENT IN WPCR NO.130/2011 OF HONOURABLE HIGH COURT OF KERALA. EXT.P2.TRUE COPY OF VISIT VISA ISSUED TO THE MINOR CHILD AKSHA SUMESH DEVADAS. EXT.P3.TRUE COPY OF JUDGMENT DATED 19.4.2011 IN WPCR NO.130/2011 OF HONOURABLE HIGH COURT OF KERALA. RESPONDENT'S EXHIBITS: ANNEXURE R8A.TRUE COPY OF TE LETTER ISSUED BY THE SENIOR INSPECTOR OF POLICE (ANALYSIS), SB-II, CID, MUMBAI DATED 6.6.2011. ANNEXURE R8B.TRUE COPY OF THE LETTER ISSUED BY THE BUREAU OF IMMIGRATION, CHENNAI. ANNEXURE R8C.TRUE COPY OF THE LETTER ISSUED BY THE BUREAU OF IMMIGATION, CHENNAI DATED 22.6.2011. ANNEXURE R8D. TRUE COPY OF THE LETTER ISSUED BY SENIOR INSPECTOR OF POLICE (LEGAL) SB-II, CID MUMBAI DATED 23.6.2011. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(Crl.) No.262 of 2011 ---------------------------------------------- Dated, this the 24th day of June, 2011 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking a writ of Habeas Corpus for production of his minor child. 2. Briefly put, the case of the petitioner is as follows: Petitioner is the father of a minor girl child named Aksa Sumesh Devadas. The 5th respondent is the wife of the petitioner. Sixth respondent is her mother and the seventh respondent is her brother. The complaint is one of illegal detention of the minor child by respondents 6 and 7. 3. It was the case of the petitioner that the visa of the child would expire on 9.6.2011. But, the learned Government Pleader, on instructions, would submit that the visa has been extended to the year 2013. Learned counsel for the petitioner would however maintain that the child had arrived in India and is somewhere in India and that she is under illegal detention. In the writ petition additional respondents 8 and 9 were impleaded. They have filed a statement. The statement would make it clear that the WPCR 262/2011 -2- case of the petitioner that the child is being detained in India can only be incorrect. In such circumstances, we see no reason to keep this matter pending. Accordingly, the Writ Petition (Criminal) is closed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS