IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(Crl.).No. 33 of 2009(S) -------------------------- PETITIONER: --------------- VIJAYAN, S/O. PONNU PILLAI, AGED 41, MUTTAKKAL MELPURAM PUTHEN VEEDU, UNDAPLAVILA, PARASSALA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED SRI.G.VENUGOPAL RESPONDENTS: --------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATINKARA, THIRUVANANTHAPURAM (RURAL) 2. THE CIRCLE INSPECTOR OF POLICE, PARASSAL, THIRUVANANTHAPURAM. 3. ASSISTANT POLICE SUB INSPECTOR, PARASSALA POLICE STATION. 4. SAJU, AUTO DRIVER, MURIANKARA, PARASSALA. BY G.P.SRI. S.U. NAZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE FIR IN CRIME NO.31/09 OF PARASSALA POLICE STATION FOR WOMAN MISSING /TRUE COPY/ cl A.K.BASHEER & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(CRL)No.33 OF 2009-S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of March, 2009 JUDGMENT Basheer, J: Ms. Bindu, the alleged detenu, is present in court. She is produced before court by the Sub Inspector of Police, Parassala. Petitioner and respondent No.4 are also present. 2. Learned Government Pleader submits that the detenu and respondent No.4 were traced out from Bangalore on March 23, 2009. They were produced before the Judicial Magistrate of First Class, Neyyattinkara, on March 25, 2009. The learned Magistrate has directed the officer to produce the detenu before this Court. It is thus that the detenu is before us. 3. Ms. Bindu stated before us that she had left her matrimonial home since her husband had been constantly telling her that she is of no use. In fact, she had left the matrimonial home with the younger child, aged 6 years (named Vichitra). But, the child was produced before the police by one of the relatives of respondent No.4 on February 17, 2009. Later, the child was brought before this Court and she was handed over to the petitioner. 4. Petitioner informs us that both the children are with him now. He further states that he is not interested to take 2 W.P.(C).No.33/09 the detenu, his wife, along with him now. Ms. Bindu stated before us that she intends to go with respondent No.4, who is prepared to take her with him. Ms. Bindu is aged 28 years. From our interaction, we are satisfied that Ms. Bindu is a grown up and mature woman capable of taking her own decision about her future. Since she asserted that she had never been under any kind of illegal detention or confinement as alleged in the writ petition and that she intends to go with respondent No.4, we do not deem it necessary to pass any further orders in this writ petition, which is closed recording the submissions made by the petitioner and the alleged detenu. (A.K.BASHEER, JUDGE) (P. BHAVADASAN, JUDGE). cl 3 W.P.(C).No.33/09