IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(Crl.).No. 499 of 2011(S) ------------------------------------ PETITIONER: BAIJU, AGED 33 YEARS, S/O.BALAN ASARI, 'SIMI HOUSE', NEAR PICHIMANGALAM, PULLAMBARA VILLAG, VENJARAMOODU, THIRUVANANTHAPURAM-695607. BY ADV. SRI.A.K.ABDUL AZEEZ SRI.T.K.SASINDRAN SRI.RENJIT GEORGE RESPONDENTS: 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY,HOME DEPARTMENT, THIRUVANANTHPARAM, PIN-695014. 2. CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INPSECTOR, VENJARAMOODU, THIRUVANANTHAPURAM-695607. 3. S.I.OF POLICE,VENJARAMOODU POLICE STATION,VENJARAMOODU, THIRUVANANTHAPURAM-695607. 4. RAJESH.S/O.SUKUMARAN ASAN, AGED 30 YEARS,"KAILAS",MANALMUKKU.P.O, VENJARAMOODU, THIRUVANANTHAPURAM-695607. R1 TO R3 BY GOVT. PLEADER SRI.SHALJ RAJ.T.K. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPCR 499/2011 EXT. P1 TRUE COPY OF THE FI STATEMENT DT. 26.8.2011 EXT. P2 TRUE COPY OF THE FIR DT. 26.8.2011 /TRUE COPY/ Thottathil B.Radhakrishnan & C.T.Ravikumar, JJ. ------------------------------------------------- W.P.(Crl.)No.499 of 2011 ------------------------------------------------- Dated this the 14th day of November, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. Following the earlier order we minuted in the Chambers, Saritha, the alleged detenue, her parents, the petitioner and the children have returned by 2.45 p.m. We find that she is now in good company with the petitioner. We also record petitioner having told us that he would take care of the alleged detenue and would not agitate on any issue which he had attributed to the fourth respondent. We record this because, petitioner has volunteered to us that he would take back Saritha, the alleged detenue, to her home. We are clear that any wrong committed by Saritha has been condoned by the petitioner and her parents and she will now go back with her parents and petitioner may advise appropriate company with him and her parents in such place as may be mutually found appropriate. Obviously, such condonation by the petitioner is on the premise that Saritha would not repeat WPCR 499/2011 2 that wrong. Such condonation now would not inure to her benefit if she were to commit any matrimonial wrong hereafter. 2. Recording all the aforesaid, this writ petition is closed seeing that Saritha is now a free person and she is going with her parents and the children born to her and the petitioner. 3. By way of abundant caution, we also record that the statements made by Saritha to us do not in any manner incriminate the fourth respondent, since Saritha had told us in the morning that she voluntarily went with him. We do not see any ground to hold out any accusation against the fourth respondent. Obviously, if the fourth respondent or any other person creates any problem for Saritha, the petitioner or their children, it will be open to them to seek appropriate remedy from the jurisdictional courts. (Thottathil B.Radhakrishnan, Judge) (C.T.Ravikumar, Judge) tkv