IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(Crl.).No. 269 of 2011(S) -------------------------- PETITIONER : -------------------- SANTHOSH KUMAR, AGED 36, S/O.THYGARAJAN, SARASAMMA VILASOM, UMBARNADU, KALLUMALA P.O., MAVELIKARA. BY ADVS. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): ------------------------- 1. VIJAYAN, AJITH BHAVANAM,, KADAPRA, NIRANOM P.O., THIRUVALLA-687 101. 2. SUBHADRA, AJITH BHAVANAM, KADAPRA, NIRANAM P.O., THIRUVALLA-687101. 3. SUB INSPECTOR OF POLICE, PULIKEEZHU POLICE STATION, THIRUVALLA - 687 106. R1 & R2 BY ADV. SRI. R. GIREESH VARMA R3 BY GOVT. PLEADER SRI. P.K. BABU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(Crl.).No. 269 of 2011(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE COMPLAINT DATED 12.5.2011 SUBMITTED BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn THOTTATHIL B. RADHAKRISHNAN & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(Crl.) NO: 269 OF 2011 ----------------------------------------------------------- Dated this the 8th July, 2011. JUDGMENT Thottathil B. Radhakrishnan, J. The petitioner and the alleged detenue are present. The couple, following the earlier orders met a doctor. He examined the petitioner and has given us a report in a sealed cover. The petitioner has assured us in open court that he is prepared to carry on with the treatment as already commenced on medical advice. The alleged detenue, his wife says that she will cohabit with the petitioner and take care of him so that he would continue the treatment for the prescribed period of one year. She however wants to be assured that the petitioner will not revert back to his habits which are prohibited under medical advice. 2. We are sure that the situation in hand is making of the petitioner's behaviour and is attributable to his habit for which he is under the treatment. Recording that the petitioner has promised the alleged detenue to take care of her and the children and to behave in a manner befitting the role of a WP(Crl) 269/2011 2 husband and father, we leave the petitioner to take his wife with him on her free will. Writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN Judge K. SURENDRA MOHAN Judge jj WP(Crl) 269/2011 3