IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 29TH NOVEMBER 2007 / 8TH AGRAHAYANA 1929 WP(Crl.).No. 245 OF 2007(S) --------------------------- PETITIONER: ------------ THANKAMANI W/O VASUDEVAN, AGED 54, MINIMANDIRAM, MANNADY, ADOOR BY ADV. SMT.I.SHEELA DEVI RESPONDENTS: ------------- 1. ASSISTANT SUPERINTENDENT OF POLICE, ADOOR. 2. SUB INSPECTOROF POLICE, ENATHU, ADOOR 3. UDAYAN, MATTATHAZHIKATHU, MANNADY THAXHATHU, ADOOR, 4. SUDHEESH,MATTATHAZHIKATHU THEKKETHI, MANNADY THAZHATHU, ADOOR. BY ADV. SRI.S.MUHAMMED HANEEFF GOVT. PLEADER SRI. C.M. KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(CRL.) 245/2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE COMPLAINT DATED 24.9.2007 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE COMPLAINT DATED 3.10.2007 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3 TRUE COPY OF THE RELEVANT EXTRACT OF S.S.L.C. BOOK. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- W.P.(Crl)NO.245 OF 2007 -------------------------------- Dated this the 26th day of October, 2007 O R D E R Raman, J. This is a habeas corpus writ petition filed by the grand-mother of the alleged detenu, Geethu Peethambaran, alleging that the girl is under the illegal custody of respondents 3 and 4. On the last occasion when the matter was taken up for consideration, the learned Government Pleader submitted that the police had already produced the girl before the Magistrate's Court and on orders she was admitted to to "ATHANI", a Short Stay Home for Women & Girls by Abhaya, sponsored by the Government of India and Central Social Welfare Board, Vanchiyoor P.O. Thiruvananthapuram. Today when the matter was taken up, the girl was produced by the 2nd responent-Sub Inspector of Police. The Girl's mother Gayathri Devi was also present before us. We interacted with the girl's mother Gayathri Devi, , who is working as Cashier in "ABELA CO LLC" Catering Department in Dubai (Gulf). On interaction with the girl and mother, we understand that the girl has got some personal problems in staying with the petitioner herein. Girl has not completed 18 years. Her date of birth is 27/11/1989. She was studying lst year B.Com. degree in the Adoor College. As the mother is working Abroad and nobody to look after her and her sister, they are residing with her grandmother (petitioner herein). The detenu lost her father on 30/6/1998. It was while staying -2- WP(Crl).No.245/2007 with the petitioner that the alleged detenu left the house. In view of the fact that the detenu left the home and feeling embarassed the alleged detenu does not want to continue her studies in the present College at Adoor. She submits that she is happy in the present hostel where she is admitted. 2. In the circumstances, we have asked the mother of the detenu to find out a suitable College at Thiruvananthapuram for admitting the girl. The alleged detenu shall continue to reside in the same hostel until alternative arrangements are made by this Court. 3. The learnd Government Pleader appearing on behalf of the State shall enquire about the welfare of the alleged detenu and if any orders are required to be passed by this Court, he is entitled to move this writ petition at any time. The Superintendent of the hostel "Athani" is directed not to permit outsiders to interact with the alleged detenu other than the mother or any State Officials. Post the case on 13/11/2007. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv. -3- WP(Crl).No.245/2007 The 4th respondent shall appear on 13/11/2007. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv.