IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 WP(Crl.).No. 326 of 2010(S) ---------------------------------------- PETITIONER(S): ------------------------- OMANA, W/O.C.BALAN, AGED 48 YEARS, RESIDING AT MAINATTUKONATHU VEEDU, PANANGODU, PEYAD P.O., THIRUVANANTHAPURAM. BY ADV. SMT.K.KUSUMAM RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA - PIN-682 031. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUDU, THIRUVANANTHAPURAM. PIN-695 501. 3. THE DEPUTY SUPERINTENDENT OF POLICE, NEDUMANGADU. 4. THE C.I. OF POLICE, ARYANADU POLICE STATION, THIRUVANANTHAPURAM.PIN- 695 541. 5. RADHAKRISHNAN NAIR, RESIDING AT T.C.58/6, MURUGA BHAVAN, NEYYATTINKARA, THIRUVANANTHAPURAM.PIN- 695 123. 6. DILIP, PROPRIETOR (S/O.SADASIVAN) I.E.I.T (INSTITUTE OF ENGINEERING AND IT), HEAD OFFICE, THIRUVANANTHAPURAM, BRANCHES KATTAKADA, PALODE, NEDUMANGAD) WHO IS RESIDING AT DILEEP BHAVAN, NEAR VILLAGE OFFICE, VELLANADU - 695 543. sts 2/- -2- WP(CR)NO.326/2010 *ADDL.R7 IMPLEADED *R7: C.B.I., REPRESENTED BY SPECIAL PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. * IS IMPLEADED AS PER ORDER DATED 3/1/2011 IN I.A.NO.17863/10 IN WP(CR) 326/2010. R1 TO R4 BY GOVERNMENT PLEADER SRI.JITHESH R6 BY ADV. SRI.RAM MOHAN.G. R7 BY ADV.SRI.P.CHANDRASEKHARA PILLAI THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(CR)NO.326/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE COMPLAINT FILED BY THE PETITIONER TO THE WOMEN'S COMMISSION. P2 COPY OF THE COMPLAINT FILED BY THE DETAINEE'S HUSBAND TO THE POLICE. P3 COPY OF THE FIR 366/2010 OF THE VILAPPILSALA POLICE STATION. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN & P.Q. BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - W.P.(CRL)No.326 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of December, 2011 J U D G M E N T S. SIRI JAGAN, J. The petitioner is the mother of Smt. Anila Rani O.B. She is married to one Sri. Justine John and they have two children aged 9 years old and 4 years old. The petitioner has filed this writ petition complaining that her daughter Smt. Anila Rani and her younger grandchild have been missing from 02.08.2010. According to the petitioner, her daughter and grandchild are in the illegal custody of the 5th respondent and the 5th respondent has enticed her daughter with the help of the 6th respondent. Accordingly the petitioner has sought the following reliefs in this writ petition: “a) To issue a Writ of Habeas Corpus or other appropriate writ, direction or order directing the respondents 1 to 6 to bring the body of the missing persons Anila Rani O.B., aged 29 years, and “Jessy John”, aged 4 years before this Hon'ble Court immediately, and further to release them from the illegal custody of the 5th and 6th respondent. b) To grant the permanent custody of the minor daughter “Jessy John” to the petitioner. c) To grant such other order and such other reliefs this petitioner may ask for and this Hon'ble Court may deem W.P.(CRL)No.326 of 2010 -2- fit, fair and proper, during the course of the proceedings.” The detenue and the child has been traced by the Police from Kattappana and they have been produced before this Court today. We have interacted with Smt. Anila Rani who submitted before us that she is not in the illegal custody of anybody and she had gone to Kattappana with the 5th respondent on her own freewill. But she would submit that she would like to go with the petitioner now. But she submits that she does not want to go with her husband. She also submits that she has no complaint against either the 5th respondent or the 6th respondent. The 5th respondent who is present in person also has no objection in permitting the detenue and child to go with the petitioner. In the above circumstances, the writ petition is disposed of permitting the detenue and her child to go with the petitioner. Sd/- S. SIRI JAGAN, JUDGE Sd/- P.Q. BARKATH ALI, JUDGE //True copy// P.A. To Judge shg/