IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(Crl.).No. 269 of 2008(S) --------------------------- PETITIONER(S): --------------- ASHOK KUMAR, S/O UNNI NAIR, SURENDRA VILASAM, KOTTUKAL VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.SAJU.S.A RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, RURAL S.P OFFICE, KURUVANKONAM, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT. 4. PRADEEP, S/O JOHN, NELLIVILA, THOTTATHIL VILAKATH, MELEPUTHEN VEEDU, ANTHIYOOR, KOTTUKAL, THIRUVANANTHAPURAM. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- W.P.(Crl) No.269 of 2008 ---------------------------------------------- Dated 14th October, 2008. J U D G M E N T Kurian Joseph, J. Petitioner and his wife Saraswathy are present. The third respondent has produced the 4th respondent and the detenue Aswathy, daughter of the petitioner. The father of the 4th respondent is also present. We have interacted with the parties. Aswathy is reported to be a minor. Going by the school records, her date of birth is 9.5.1992. According to Aswathy, going by her horoscope, she is born on 9.5.1991. That is refuted by the parents. Learned Government Pleader brings to our notice the fact that Aswathy is pregnant (22 weeks), going by the medical report. Hence the charge against the 4th respondent has been altered as Section 366A and 376 I.P.C. Be that as it may, the third respondent submits that the 4th respondent was produced before the Judicial First Class Magistrate II, Neyyattinkara on 13.10.2008. Since there was a direction by this court to produce the 4th respondent before this court, the Judicial First Class Magistrate II, Neyyattinkara has given the custody of the 4th respondent to the third respondent and accordingly, third WP(Crl) No.269/08 2 respondent has produced the 4th respondent today. We direct the third respondent to produce the 4th respondent before the Judicial First Class Magistrate II, Neyyattinkara tomorrow, i.e., 15.10.2008 for further proceedings. 2. Sri.John, the father of the 4th respondent is present. Since Aswathy is not willing to go with her parents and since Sri.John is willing to take her home, we permit him to take Aswathy with him. Now that Aswathy has been produced before this court and since the petitioner and his wife have seen and interacted with their daughter, it is submitted that no further orders are necessary in the writ petition. It is hence closed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- W.P.(Crl) No.269 of 2008 ---------------------------------------------- J U D G M E N T Dated 14th October, 2008.