IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(Crl.).No. 133 of 2009(S) --------------------------- PETITIONER(S): --------------- SHANAVAS, S/O.SAMSUDEEN, AGED 46 YEARS, SHABNAM VILLA, NO.69, ISWARYA NAGAR, VADAKKEVILA CHERRY, VADAKDEVILA VILLAGE, VADAKDEVILA P.O., KOLLAM-10. BY ADV. SRI.T.R.RAJAN RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM. 3. MAJIDA BEEVI, W/O.LATE SHAHUL HAMEED, PADIPPURAKKAL VEEDU, NEAR AMRUTHU KULAM, MUNDAKKAL VILLAGE, KOLLAM. 4. SHAMEER, S/O.LATE SHAHUL HAMEED, AGED 25 YEARS, PADIPPURAKKAL VEEDU, NEAR AMRUTHU KULAM, MUNDAKKAL VILLAGE, KOLLAM. GOVERNMENT PLEADER SRI.S.U.NAZAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A. K. Basheer & P. Bhavadasan, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P (Crl.) No. 133 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of April, 2009. Judgment Basheer, J: Ms.Shabnam, daughter of the petitioner is present in Court. She states before us that she has come to the Court today along with her parents. It is on record that Ms.Shabnam was traced out by the Police along with respondent No.4 and produced before the Judicial Magistrate of First Class, No.II, Kollam on March 25, 2009. The learned Magistrate, after recording the statement of the detenue, had permitted her to go with her parents. It is not in dispute that Ms.Shabnam was enticed away by respondent No.4 on March 19, 2009 from her school. Respondent No.4 does not have a case that he has got any kind of relationship, either marital or otherwise, with the detenu. But he claims that he is in love with the detenu. 2. We have interacted with the detenu and her parents. We have also spoken to respondent No.4. From our interaction with the detenu, we are satisfied that she is too young a girl to comprehend the repercussions of her act. She does not appear to be capable of taking her own decision about her life or career. Her parents inform us that respondent No.4 had enticed away their daughter by some unlawful means. Anyhow we do not propose to deal with that aspect of the matter at this stage. The law should take its own course. 3. In our view, the detenu has to be left in the care and custody of her parents. We do so. The Writ Petition is closed. A.K. BASHEER Judge P. Bhavadasan Judge an.