IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(Crl.).No. 460 of 2008(S) --------------------------- PETITIONER(S): --------------- LEENA, W/O. LATE K.C. JOLLY, AGED 40 YEARS, NO.1 DALE STREET, MYLAPORE, CHENNAI 600 004, BY ADV. SRI.M.UNNIKRISHNA MENON RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTAPURAM. 2. THE SUPERINTENDENT OF POLICE, THRISSUR. 3. THE SUB- INSPECTOR OF POLICE, KUNNAMKULAM. 4. C.I. OF POLICE, KUNNAMKULAM. 5. K.K. CHINNAN, AGED ABOUT 74 YEARS, KANNAKKAL HOUSE, CHOWANNUR, THALAPPILLY TALUK, THRISSUR DIST. 6. RUBY CHINNA, W/O.K.K. CHINNAN AGED ABOUT 65YEARS, RES. AT KANNAKKAL HOUSE, CHOWANNUR, THALAPPILLY TALUK, THRISSUR DIST. ADV. SRI.SANTHEEP ANKARATH FOR R5 & 6 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(Crl.) NO.460/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE PHOTOCOPY OF THE COMPLAINT DATED 5-5-2008 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. / TRUE COPY / KURIAN JOSEPH & K.T.SANKARAN, JJ. ----------------------------------------- W.P(Crl.)No.460 of 2008 ----------------------------------------- Dated this the 19th day of December, 2008 JUDGMENT Kurian Joseph,J. The writ petition is filed with the following prayer:- i) Directing the respondents to have the bodies of Master Joel Jolly, aged 11 years and Master Joshua Jolly aged 8 years before Hon'ble High Court of Kerala and set them at liberty to the custody of the petitioner, the mother. The children have been produced by the 5th and 6th respondents. The 5th and 6th respondents are the father and mother respectively of the late husband of the petitioner. The 5th and 6th respondents submit that they have not detained the children. The children have been studying in Blooming Buds Bedania School, Kunnamkulam. When the children were present before us we provided the children an opportunity to interact with the mother, with the assistance of Smt.Mareena Joseph, the learned Conciliator. It is submitted that the grand parents have no objection in the mother visiting her children and talking to them either over telephone or otherwise. What the petitioner wants is the permanent custody of the children. It is for the petitioner to W.P(Crl.)No.460 of 2008 -:2:- move the Family Court for the said purpose. Without prejudice to such liberty this writ petition is dismissed. (KURIAN JOSEPH, JUDGE) (K.T.SANKARAN, JUDGE) ahg. KURIAN JOSEPH & K.T.SANKARAN, JJ. --------------------------- W.P(Crl.)No.460 of 2008 ---------------------------- JUDGMENT 19th December 2008