IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 WP(Crl.).No. 20 of 2011(S) -------------------------- PETITIONER: --------------- SIJO, S/O.JOSEPH, 26 YEARS, KALLAPURACKAL HOUSE, KAVARAPARAMBU, ANKAMALLY, ERNAKULAM. BY ADV. SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, ANGAMALLY. 2. THE CIRCLE INSPECTOR OF POLICE, ANGAMALLY. 3. THE SUPERINTENDENT OF POLICE, ALUVA, 4. SHIJU @ THALIYAN SHIJU, S/O.OUSEPH, NALUKETTU PO, KORATTY-680 308. GOVERNMENT PLEADER, SHRI KAMAPPU FOR R1-3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (Crl) No. 20 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February 2011 JUDGMENT Joseph J., The petitioner is the brother of the alleged detenue - Seeja Joseph. The alleged detenue is of 24 years age. 2. We interacted with the alleged detenue. Though served there is no appearance for the fourth respondent. By order dated 21.2.2011, we directed the detenue to be accommodated in the Santhinikethan hostel, Kochi and directed to produce her today. The alleged detenue was produced before us today. 3. The detenue, who is aged 24 years would say that she may be permitted to reside in the Valsalya Sisubhavan, Kalamasserry. The petitioner has no objection in the alleged detenue residing in the said hostel. 4. In these circumstances, we close this Writ Peitition permitting the alleged detenue to reside in the Valsalya W.P. (Crl) No. 20 of 2011 :2: Sisubhavan, Kalamasserry. She shall be accompanied by a woman police constable not in uniform to the the said hostel. K.M. JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/ H/o. W.P. (Crl) No. 20 of 2011 :3: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (Crl) No. 20 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of February 2011 ORDER Joseph J., The petitioner is the brother of the alleged detenue. The detention is alleged against the fourth respondent. 2. The alleged detenue is produced before us. It is submitted by the learned Government Pleader that the fourth respondent is a married man and having two children. The petitioner would say that he is prepared to take the alleged detenue. But the alleged detenue would say that she is not prepared to go with the petitioner. 3. In the circumstances of the case, we direct that the alleged detenue shall be accommodated at the Santhinikethan hostel, near Lourdes hospital, Pachalam, Kochi from today till 28.2.2011. She shall be accompanied by a woman police constable not in uniform and she shall be produced before this Court on 28.2.2011 accompanied by a woman police constable not in uniform. The alleged detenue herself W.P. (Crl) No. 20 of 2011 :4: would say that she is prepared to spend for the expenses for the boarding and lodging from her bank account. According to the petitioner, the money in the account is put by the petitioner and his younger brother. This is denied by the alleged detenue. Whatever that be, since she is prepared to spend money, we have come to the decision as stated aforesaid. 4. During her stay in the hostel, it will be open to the petitioner, his younger brother, her mother and her maternal aunt – Smt. Rosy to visit and tender advice to the alleged detenue. They are also permitted to telephonically contact the alleged detenue. We direct that the fourth respondent shall not be permitted to have access to the alleged detenue. 5. Call on 28.2.2011 at 1.45 p.m. in the chamber. K.M. JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/ W.P. (Crl) No. 20 of 2011 :5: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (Crl) No. 20 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of January 2011 ORDER Joseph J., Today no representation for the petitioner. The learned Government Pleader submits that efforts are still going on to trace out the alleged detenue. It is submitted by the learned Government Pleader that the Circle Inspector of Police, Ankamaly is in charge of the investigation and he prays for time. 2. Call on 9.2.2011. If the alleged detenue is not traced out by that time, a statement shall be brought on record by the Officer in charge of the investigation detailing the steps taken and the results achieved on 9.2.2011. If the detenue is traced out, she shall be produced before the competent learned Magistrate having W.P. (Crl) No. 20 of 2011 :6: jurisdiction and the learned Magistrate shall ensure that the alleged detenue shall be produced before this Court on 9.2.2011. Call on 9.2.2011. K.M. JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, dl/ (JUDGE)