IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(Crl.).No. 88 of 2010(S) -------------------------- PETITIONER: --------------- SOONA JOSEPH, W/O.SAJI THOMAS, 34/1850, "VITHAYATHIL HOUSE", EDAPPALLY P.O., COCHIN - 682 024 (AS NEXT FRIEND OF MS.DHANYA ALBERT, "VISAKH", T.C. 11/66, PANANVILA, NALANCHIRA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.ANIL SIVARAMAN SMT.RAJI VINCENT RESPONDENTS: --------------- 1. ALBERT.D, 'VISAKH', T.C. 11/66, PANANVILA, NALANCHIRA P.O., THIRUVANANTHAPURAM - 15. 2. LALITHA B, 'VISAKH', T.C. 11/66, PANANVILA, NALANCHIRA P.O., THIRUVANANTHAPURAM - 15. 3. THE CIRCLE INSPECTOR OF POLICE, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR ADV. SRI.SREEKANTH S.NAIR FOR R1-2 SMT.SMITHA GEORGE FOR R1-2 SRI.M.SASINDRAN FOR R4-6 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.88 of 2010 ********************* Dated this the 9th day of June, 2010 JUDGMENT This judgment must be read in continuation of our earlier orders resting with the order dated 25.05.2010. 2. Today when the case came up for hearing, the alleged detenue has come to Court from Santhiniketan hostel, where she is being accommodated. The petitioner is present. She is represented by her counsel. Respondent Nos.1 and 2, the parents of the alleged detenue, have come to Court. They are represented by a counsel. The learned Government Pleader is also present. We interacted with the alleged detenue in the presence of her parents/respondent Nos.1 and 2. Counsel for the petitioner, counsel for respondent Nos.1 and 2 and the learned Government Pleader were present. 3. It is reported to us that the alleged detenue, an adult major woman, aged 25 years (date of birth - 16.05.1985) has secured employment with M/s.Brilliance College, Chittoor Road, Kochi. It is submitted that she will be able to secure adequate income from such employment to look after herself. She does W.P(Crl.) No.88 of 2010 - 2 - not want to continue residence at the Santhiniketan hostel. She has secured admission in St.Teresa's Mercy Home, Kacherippady, Kochi, where she proposes to be accommodated hereafter. Respondent Nos.1 and 2 want the alleged detenue to go with them, but she is unwilling. The alleged detenue wants to earn her income and stand on her own feet. She requests that respondent Nos.1 and 2 may be directed not to visit her or disturb her at her place of work. She has no objections against respondent Nos.1 and 2 visiting her at St.Teresa's Mercy Home once in a week in accordance with the rules of the hostel. 4. The alleged detenue as well as respondent Nos.1 and 2 agree and accept that they have no grievance against each other and shall not indulge in any conduct to vex or harass the other. 5. It is agreed and accepted that all the personal belongings, certificates etc. of the alleged detenue have been handed over by respondent Nos.1 and 2 to her, their daughter. 6. This Writ Petition is, in these circumstances, allowed in part. The alleged detenue is permitted to leave the Court as a free individual, accepting her preference to get employed in W.P(Crl.) No.88 of 2010 - 3 - Brilliance College, Kochi and reside in St.Teresa's Mercy Home, Kochi. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/ R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.88 of 2010 ********************* Dated this the 17th day of May, 2010 ORDER The alleged detenue is not brought to Court today. It is submitted at the Bar that she attends an educational course, which is expected to be completed today. That is the reason why she has not been brought to Court today, it is submitted. 2. Both sides pray that the matter may be called tomorrow (18.05.2010). 3. The alleged detenue shall be brought to Court tomorrow. The petitioner as well as the party respondents shall appear in Court tomorrow. 4. Call on 18.05.2010at 1.45 p.m in the Chamber. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/