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 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(Crl.).No. 412 of 2009(S) --------------------------- PETITIONER(S): --------------- 1. O.V.BALAKRISHNAN, AGED 60 YEARS, S/O.UNNEERI, "KRISHNA NIVAS", VARIYAD, P.O.MUTTIL NORTH, WAYNAD DISTRICT. 2. RANJITHA, W/O.O.V.BALAKRISHNAN, AGED 53 YEARS, "KRISHNA NIVAS", VARIYAD, P.O.MUTTIL NORTH, WAYNAD DISTRICT. BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE, HEADQUARTERS, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, MEENANGADI, WAYNAD DISTRICT. 3. THE SUB INSPECTOR OF POLICE, MEENANGADI, WAYNAD DISTRICT. 4. DHILEEF MUHAMMED, S/O.MAJEED, MUTTIL, PARIYARAM, WAYNAD DISTRICT. GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.412 of 2009 ---------------------------------------- Dated this the 27th day of October 2009 J U D G M E N T Basant,J This judgment must be read in continuation of the earlier order dated 23/10/2009. The case was posted to this date on the basis of the prayer of the petitioners that one more opportunity may be given to interact with the alleged detenue and attempt a harmonious settlement. It was agreed that the parties shall be referred to a mediator on their appearance before court today. But the petitioners are not present. The alleged detenue and the the 4th respondent and their counsel are present. The learned counsel for the petitioners submit that the petition may now be closed and need not be posted for any further attempt for settlement. The learned counsel for the 4th respondent, who represents the alleged detenue also, submits that they are willing to come again if a harmonious settlement can be attempted. The learned counsel for the petitioners submits that no success is likely to be achieved by posting the matter again for settlement and reference to a mediator. W.P.Crl No.412/09 2 2. We are displeased with the conduct of the petitioners not turning up for mediation today though the case was posted for such mediation at their request. We contemplated imposition of cost on the petitioners; but the learned counsel for the 4th respondent submits that the alleged detenue and the 4th respondent are not interested in getting any cost and they want the matter to be settled harmoniously somehow. The learned counsel, on behalf of the 4th respondent and the alleged detenue, airs the apprehension that harm may be caused to them by the petitioners or persons acting at their behest while they return to their native place. The learned counsel submits that constables of the local police station are available and they may be directed to escort the alleged detenue and the 4th respondent to their native place without any risk or threat. The learned Government Pleader after ascertaining facts submits that three constables from the local police station have come to the court today and that it shall be ensured that no harm is caused to the alleged detenue and the 4th respondent when they return to their native place in Meenangadi, Wayanad. 3. This petition is accordingly dismissed. We accept the submission of the learned Government Pleader that the alleged detenue and the 4th respondent shall W.P.Crl No.412/09 3 be escorted from the court to their native place by the police without any threat or harm to them. If the alleged detenue and the 4th respondent apprehend any such threat or harm in future, they shall be at liberty to approach respondents 2 and 3 who shall take appropriate action in accordance with law. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.Crl No.412/09 4 W.P.Crl No.412/09 5 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009