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 3RD JANUARY, 2008 / 13TH POUSHA, 1929 WP(Crl.).No. 297 of 2007(S) PETITIONER : VELU P.R., AGED 73 YEARS, S/O. RAMAN, MALIYEKKAL HOUSE, AYAMKUDY P.O., MUTTUCHIRA VILLAGE, VAIKOM TALUK, KOTTAYAM DIST., KERALA STATE. BY ADV. SRI.SUNU P.JOHN SRI.P.M.NATESAN SRI.P.K.MURALEEDHARAN RESPONDENTS: 1. SURESH T.V., S/O. VELU, AGED 42 YRS, MALIYEKKAL HOUSE, AYAMKUDY P.O., MUTTUCHIRA VILLAGE, VAIKOM TALUK, KOTTAYAM DIST., KERALA STATE, NOW RESIDING AT 202, PRADEEK APPARTMENT, 65, ANOOP NAGAR, INDORE, MADHYA PRADESH. 2. THE DISTRICT SUPERINTENDENT OF POLICE, KOTTAYAM. 3. THE DIRECTOR OF GENERAL OF POLICE, (LAW AND ORDER), THIRUVANANTHAPURAM. R2 & R3 BY GOVT. PLEADER SRI.C.M.KAMMAPPU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WP(Crl) No.297 OF 2007) PETITIONER'S EXHIBIT: Ext.P1: Copy of the complaint dated 4.12.2007 submitted before the 2nd respondent. -True Copy- P.A.to Judge. P.R.RAMAN & V.K.MOHANAN, JJ. --------------------------------------------- W.P(Crl).No. 297 of 2007 - S --------------------------------------------- Dated this the 3rd day of January, 2008 J U D G M E N T Raman,J: This is a petition filed by Sri.Velu alleging that his wife Smt Ammini is under illegal custody of his minor son at Indore in Madhya Pradesh. The petitioner is residing along with his elder son Ramachandran and his family. It is his allegation that while the petitioner is residing along with his elder son in Kerala, on 1.1.2007, the first respondent- minor son came to his residence and requested the petitioner and his wife to accompany him to Indore to live with him for sometime, but due to old age and various ailments, the petitioner could not go. But, Smt.Ammini, the wife of the petitioner was taken by him on the assurance that he would send her back to the petitioner after a few days. According to him, his wife needs care and protection and vice versa. It is alleged that Smt.Ammini was not sent back and M.C.No.264 of 2007 was also filed forging the signature of Smt.Ammini by the first respondent for maintenance for an amount of WP(Crl) NO.297 of 2007 :-2-: Rs.10,000/- per month. This is done with an ulterior motive. 2. We directed the second respondent to conduct a discrete enquiry through the Madhya Pradesh Police and to file a report. But, instead of filing the report, the alleged detenue herself was produced before this Court. We permitted the petitioner to interact with the alleged detenue Smt.Ammini for a reasonable time and thereafter, we took up the matter and interacted with Smt.Ammini. She stated that she is residing with the first respondent at Indore and she is happy with him and she is being looked after well. She has stated that she is not taking any medicine except a general tonic. We specifically asked her whether during the winter, she would be able to withstand the weather conditions and whether she wants to go with the first respondent to which she stated that she wants to go along with the first respondent to Indore. 3. We are fully satisfied that the statement is voluntary and not induced by anybody. She is also found WP(Crl) NO.297 of 2007 :-3-: to be in good state of mind and answering all our questions. In the circumstances, we find that she is not under illegal custody and the writ petition is closed. 4. If there are any proceedings pending in any other court filed by either of the parties, it is open for them to prosecute such proceedings in accordance with law and these proceedings will not interdict any such proceedings. P.R.RAMAN, Judge V.K.MOHANAN, Judge Mbs/ WP(Crl) NO.297 of 2007 :-4-: V.K.MOHANAN, J. -------------------------------------------- O.P.NO. OF 2001 ------------------------------------ J U D G M E N T WP(Crl) NO.297 of 2007 :-5-: DATED: -0-2007