IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(Crl.).No. 224 of 2010(S) --------------------------- PETITIONER: --------------- V.RATHEESH, AGED 25 YEARS, S/O.VISWAMBARAN, `JAYA MANDIRAM', KADAVATTOOR P.O., VELIYAM, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, KOZHIKODE. 4. THE SUB INSPECTOR OF POLICE, CHEVAYOOR POLICE STATION, KOZHIKODE. 5. THE SUPERINTENDENT, `AFTER CARE HOME', MARY KUNNU P.O., KOZHIKODE. Addl. R6.LALIS SACARIAS, KAITHAMANGALATH HOUSE, PULIKKAL.P.O, IRITTY, KANNUR - 670 705. (Addl.R6 is impleaded as per order dated 01.07.2010 in I.A.No.8944/2010 in W.P(Cri) No.224 of 2010) GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR SRI.D.KISHORE FOR ADDL.R6 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.224 of 2010 ********************* Dated this the 10th day of August, 2010 JUDGMENT BASANT, J. This judgment must be read in continuation of our earlier orders resting with the order dated 01.07.2010. 2. This petition has been filed by the petitioner for issue of a writ of habeas corpus to search for, trace and produce Ms.Sereen K.Sacarias, his friend and lover, who is allegedly an adult major woman (date of birth - 23.05.1992). According to the petitioner, the alleged detenue was being detained unnecessarily at the Government After Care Home, Marykunnu.P.O, Kozhikode, in the custody of the 5th respondent, the Superintendent of that institution. The petitioner prayed that the alleged detenue Ms.Sereen K.Sacarias may be directed to be produced before Court and she may be set at liberty. 3. This petition was admitted on 15.06.2010. The alleged detenue was produced before this Court and finally we passed the order dated 01.07.2010. The alleged detenue was permitted to go along with her mother, the 6th respondent and W.P(Crl.) No.224 of 2010 2 her unmarried sister Smitha K.Sacarias. She was permitted to be taken to New Delhi along with her sister, the said Smitha K. Sacarias and was permitted to be produced before this Court today. 4. Today when the case is called, the petitioner is present. The alleged detenue has also come to Court. Her mother, the 6th respondent and her sister Smitha K. Sacarias are also present. 5. We interacted with the alleged detenue alone initially in the Chamber and later in the presence of her mother and sister. Subsequently we interacted with her in the presence of the petitioner. The learned counsel for the petitioner, the learned counsel for the 6th respondent and the learned Government Pleader were also present. 6. The alleged detenue Sereen K.Sacarias now states before us unambiguously and categorically that she wants to return from Court along with her mother, the additional 6th respondent and her sister-Smitha K. Sacarias. The 6th respondent and Smitha K. Sacarias are willing to take her along with them. The alleged detenue states before us that she now wants to continue her education. She has already attained W.P(Crl.) No.224 of 2010 3 majority on 23.05.2010. Her date of birth is 23.05.1992, accepts all the parties concerned. The learned Government Pleader informs us that the enquiry about the antecedents of the petitioner reveals that there is no negative or adverse report against him. 7. We specifically informed the alleged detenue Sereen K. Sacarias that she has the option to go either with her mother and sister, or with the petitioner herein. She stated before us that she wants to go along with her mother and sister. We are informed that the alleged detenue shall be taken to Delhi to continue her education there. 8. We must record that the petitioner graciously has returned to the alleged detenue all certificates - including the SSLC and Plus Two certificates, a gold ring, clothes, mobile phone etc. It is accepted by the alleged detenue, the 6th respondent and her sister that there is nothing more which the petitioner is liable to return to the alleged detenue. We record that fact. 9. In a petition for issue of a writ of habeas corpus, we are primarily concerned with the question whether the alleged detenue is under any illegal detention or confinement. It is true W.P(Crl.) No.224 of 2010 4 that the alleged detenue was in the custody of the 5th respondent. That was only protective custody and not adverse to the alleged detenue. The alleged detenue having already attained the age of 18 years she was discharged from the children's home and she was accommodated at the Government After Care Home by the 5th respondent only with the intention of affording protection to the young alleged detenue, who had just completed the age of 18 years. The learned Government Pleader on behalf of the 5th respondent (who was personally present before court on the last date of posting) submits that the 5th respondent has no objection in this Court permitting the alleged detenue to go wherever she wants to go. 10. We record that both the petitioner as well as the 6th respondent have agreed that hereafter there shall be no proceedings against each other and neither shall cause any inconvenience, hardship, harassment or embarrassment to the other. 11. In the result: a) This Writ Petition is allowed in part; b) The alleged detenue Sereen K. Sacarias, who was in the custody of the 5th respondent, is now permitted to leave the W.P(Crl.) No.224 of 2010 5 Court along with the 6th respondent and Smitha K. Sacarias - the sister of the alleged detenue, as desired by the alleged detenue. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/