IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(Crl.).No. 75 of 2011(S) -------------------------- PETITIONER: --------------- REMYA PRAVIN, THYVILAYIL HOUSE, KALLELI BHAGAM, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, KOLLAM DISTRICT-1. 2. THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION, KOLLAM-690 518. 3. THE SUB INSPECTOR OF POLICE, CHIRAYINKEEZHU POLICE STATION, CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695 304. 4. PRAVIN, S/O. SHASHIDHARAN, A/202, DEV TIRTH C.H.S.LTD., CHITALSAR MANPADA, G.B.ROAD, THANE-400 607. 5. P.GOPINATHAN, KOODATHIL VEEDU, MUDAPURAM, CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695 304. R1 TO 3 BY GOVT. PLEADER SHRI. P.K.BABU ADV. SRI.JOHN VARGHESE FOR R4 SRI.P.M.JOSEPH FOR R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 16-2-2011 /TRUE COPY/ jj P.S to Judge THOTTATHIL B. RADHAKRISHNAN & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(Crl)No: 75 OF 2011 ----------------------------------------------------------- Dated this the 11th August, 2011. JUDGMENT Thottathil B. Radhakrishnan, J. Following earlier orders the two year old child is with the mother, the petitioner. We have seen evaluation reports of experts of the Lourdes Hospital regarding petitioner, the mother. 2. The fourth respondent has not appeared today. Learned counsel for the fourth respondent says that the matter may be adjourned by another two weeks so that the fourth respondent can appear. 3. We are of the view that the fact situation as of now would not change in two weeks. Having regard to the best interest of the child, we are of the view that it would continue in the custody of the mother as of now. The mother and child are present before court and we notice that the child is quite jovial and is in love and care of the mother. We do not find any ground to disturb that situation as of now. W.P(Crl) 75/2011 2 Hence, leaving open the rights of parties to seek appropriate remedies if needed, in accordance with law, as regards the guardianship or custody of the child, this writ petition is closed ordering that the child will continue with the mother, the writ petitioner until any competent court otherwise orders. THOTTATHIL B. RADHAKRISHNAN Judge K. SURENDRA MOHAN Judge jj W.P(Crl) 75/2011 3