IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 WP(Crl.).No. 311 of 2008(S) --------------------------- PETITIONER: ------------------ SARASWATHI, D/O. LAKSHMI, MANU BHAVAN, YEROOR P.O., PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL ADV. SRI.A.SANIL KUMAR RESPONDENTS: ----------------------- 1. THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA, KOLLAM DISTRICT. 2. THE SUB INSPCTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT. 3. AJI, S/O. THULASSEHARAN, SREE NILAYAM (THULASI SADANAM) PALAMUKKU, VETTIKKAVALA VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. 4. VIJI @ KUNJUMOL, D/O. THANKAMANY, MANIMANDIRAM, KANNAMKODU, VETTIKAVALA VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. R1 AND R2 BY SR. GOVERNMENT PLEADER ADV. SHRI NOBLE MATHEW. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 311 of 2008(S) APPENDIX PETITIONER'S EXHIBTS: EXT.P1 : THE TRUE COPY OF THE COMPLAINT DATED 16.05.2008 FILED BY THE PETITIONER BEFORE THE ASSISTANT SUPERINTENDENT OF POLICE. RESPONDENTS' EXHIBTS: EXT.R3(a) : TRUE COPY OF THE O.P. (GUARDIAN & WARDS ACT) NO. 367/2008 OF THE FAMILY COURT, KOTTARAKKARA. /TRUE COPY/ P.A. TO JUDGE. KURIAN JOSEPH & K.T. SANKARAN, JJ. ........................................................................ W.P.(Crl.) No. 311 OF 2008 ......................................................................... Dated this the 18th September, 2008 J U D G M E N T Kurian Joseph, J: This Writ Petition is filed for a writ of Habeas Corpus for producing the granddaughter of the petitioner, viz., Rukku @ Prarthana. Pursuant to the directions issued by this court, the parties are present before this court. We had the assistance of Adv. Shri Kodoth Sreedharan as conciliator. It is agreed between the parties that the minor child can be permitted to be seen by the grandmother during the lunch intervals twice in a week, at the premises of the school (Dewaswom Board School, Vettikkad). We also direct the Headmaster of the school that he/she or any of the teachers of the school be present with the child during such visits. Respondent Nos. 3 and 4 undertake that they will appear before the Family Court, Kottarakkara on the next posting date and that they will co-operate with the disposal of O.P. (Guardian and Wards Act) No. 367 of 2008 pending before that court. We also make it clear that it will be open to the Family Court, Kottarakkara to pass appropriate orders with regard to the visitorial/custody or interim custody,as the case may be, W.P.(Crl.) No. 311 OF 2008 2 untrammelled by the orders passed by this Court. The Writ Petition is disposed of as above. I.A.No.11709 of 2008: Allowed. KURIAN JOSEPH, JUDGE. K.T. SANKARAN, JUDGE. lk