IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 WP(Crl.).No. 287 of 2009(S) --------------------------- PETITIONER(S): --------------- ANIYAN KUNJU S/O CHELLAPPAN, AGED 38 YEARS, RESIDING AT ATHULAYA NIVAS, NARAKATHARA P.O., VIA KAVALAM, KAVALAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.K.N.VENUGOPALA PANICKER RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 2. CIRCLE INSPECTOR OF POLICE, PULINKUNNU, ALAPPUZHA DISTRICT. 3. SUB INSPECTOR OF POLICE, PULINKUNNU, ALAPPUZHA DISTRICT. 4. SOBHANA D/O AYYAPPAN,AGED ABOUT 41 YEARS RESIDING AT KIZHAKKE COLONY NO.20, VEZHAPRA, RAMANKARI VILLAGE, ALAPPUZHA DISTRICT. 5. RAJESH, AGED ABOUT 34 YEARS, FATHER'S NAME NOT KNOWN, RESIDING AT ALAKKADU, THOTTUVATHALA P.O., KAIANKARI, ALAPPUZHA DISTRICT. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.287 of 2009 ---------------------------------------- Dated this the 10th day of September 2009 O R D E R Basant,J This judgment must be read in continuation of the order dated 03/08/2009. Service on respondents 4 and 5 is not complete. The alleged detenue, the child of the petitioner and the 4th respondent has already been traced and produced. The Juvenile Justice Court has handed over the alleged detenue to the petitioner/father. This court has also permitted the father to keep custody of the child. The 4th respondent, the mother of the child, from whose custody the child was brought to court by the police, has not so far chosen to appear. 2. We are, in these circumstances, satisfied that this petition need not be kept pending any longer. This matter can be closed. We may hasten to observe that this order will not in any way fetter the rights of the 4th respondent to raise appropriate contentions, if any, before the appropriate fora, if she wants to claim the custody of the child. W.P.Crl No.287/09 2 3. This writ petition is accordingly allowed. The alleged detenue child Athulya aged 14 years, daughter of the petitioner, who has come to court along with the petitioner today, is permitted to leave the court along with the petitioner. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.Crl No.287/09 3 W.P.Crl No.287/09 4 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009