IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(Crl.).No. 284 of 2010(S) --------------------------- PETITIONER(S): --------------- SIVAN, S/O.VELUKUNJU, DOOR NO.29/6, NARIKURRAVAR COLONY, MANTHITHOPPU VILLAGE, KOILPETTY TOWN, THOOTHUKUDY DISTRICT, TAMIL NADU. BY ADV. SRI.T.C.MOHANDAS SMT.S.CHITHRA RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, QUILON. 2. CIRCLE INSPECTOR OF POLICE, QUILON EAST POLICE STATION, CHINNAKADA, QUILON. 3. SANKETHA, CHENGAMANADU, KOTTARAKKARA, QUILON-691506 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl) No.284 of 2010 ---------------------------------------- Dated this the 21st day of July 2010 J U D G M E N T Basant,J The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his wife Rakkamma and three minor children Chinnathai, aged 6 years, Rasathi aged 4 years and Manikandan aged 2 years. According to the petitioner, his wife and three minor children are illegally detained by the police and are lodged at the 3rd respondent institution from 07/05/2010. According to the petitioner, there is absolutely no justification in the respondents detaining his wife and three minor children. Altogether ten children are born in the wedlock between the petitioner and the 1st detenue Rakkamma. 2. This petition was filed on 13/7/2010. It was admitted on 14/7/2010 and the case was posted to this date. 3. Today when the case is called, the petitioner is present. He is represented by a counsel. Along with him, one of the elder children of the couple, Periyathai has also come to Court. Respondents 1 and 2 are represented by the learned W.P.(Crl) No.284/10 : 2 : Government Pleader. The learned Government Pleader has ensured that the Sub Inspector of Police, Kollam East, who is present in Court has filed his statement. 4. The learned Government Pleader submits and the statement filed by the Sub Inspector of Police, Kollam East, on behalf of the second respondent, Circle Inspector of Police shows that on 07/05/2010, about hundreds of ravenous people were seen wandering at Kollam town and premises without any food, shelter or medical aid. They were brought to the Kollam East police station with the assistance of the Jana Maithri Police and Vanitha Help Line, as per the directions of the Superintendent of Police, Kollam. The District Collector as also the Mayor were informed in time. As directed by these high officials/functionaries, these destitutes were given food and clothing. Many of them went back to their residences. But 42 destitutes remained and they were accommodated in various charitable institutions in the interests of their welfare. 5. The learned Government Pleader submits that there is no element of detention or confinement at all. The police are satisfied that the petitioner is the father of the three alleged detenues/minor children and husband of the 1st detenue W.P.(Crl) No.284/10 : 3 : Rakkamma. Rakkamma's mother, that is the mother-in-law of the petitioner, has also come to Court. 6. After lunch recess, we interacted with the alleged detenue Rakkamma and the petitioner. The learned counsel for the petitioner and the learned Government Pleader were also present. The alleged detenue Rakkamma asserts that the petitioner is her husband and that the three minor children, who have come to Court along with them, are all children born in the wedlock between her and the petitioner. She identifies the woman, who has come along with the petitioner to Court, as her mother. Her mother is Saroja, by name. 7. The learned Government Pleader, on behalf of respondents 1 and 2, submits that the alleged detenues were accommodated in the 3rd respondent institution by respondents 1 and 2 as per the directions of the District Collector and the Mayor only in the interests of the welfare of the alleged detenues. According to the learned Government Pleader, they were given protection, support and patronage and it is not a case of detention at all. 8. The learned counsel for the petitioner submits that the alleged detenues may now be permitted to leave the Court W.P.(Crl) No.284/10 : 4 : along with the petitioner and Smt.Saroja, the mother of the first detenue, Rakkamma. We ascertained the response of Smt.Rakkamma and she has asserted before us that she, along with her children, wants to go along with the petitioner and her mother, who is accompanying the petitioner. 9. We are satisfied, in these circumstances, that the prayer of the petitioner can be allowed. 10. In the result, a) This writ petition is allowed. b) Smt.Rakkamma and her three minor children, the alleged detenues, who have been brought to Court from the 3rd respondent institution by the police are permitted to leave the Court along with the petitioner and the mother of Smt.Rakkamma, as desired by Smt.Rakkamma and her three minor children. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.(Crl) No.284/10 : 5 : W.P.(Crl) No.284/10 : 6 : W.P.(Crl) No.284/10 : 7 : R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009