IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(Crl.).No. 146 of 2009(S) --------------------------- PETITIONERS: --------------- SULAIMAN, S/O. HAMEED KANNU, AGED 46, MAKKAR HOUSE, MAKKAR LANER, PERUMANOOR, THEVARA. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: --------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAD, THIRUVANANTHAPURAM. 2. THE ASSISTANT COMMISSIONER OF POLICE, OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, SHANGUMUGHAM. 3. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, FORT, THIRUVANANTHAPURAM. 4. THE SUB INSPECTOR OF POLICE, FORT POLICE STATION. 5. ABDUL KHADER, GULF MAHAL, THOTTAM, KAMALESWARAM, MANACADU.P.O, THIRUVANANTHAPURAM-9. 6. HAJA HUSSAIN, RESIDING AT -DO- 7. KABEER, RESIDING AT -DO- BY P.P.SRI. NOBLE MATHEW THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE MARRIAGE CERTIFICATE DTD 31.3.09. EXT.P2 COPY OF THE DISCHARGE SUMMARY DTD 18.5.08. EXT.P3 A COPY OF THE RECEIPT EXT.P3B COPY OF THE RECEIPT. EXT.P4 COPY OF THE PRESCRIPTION DTD 1.1.09. /TRUE COPY/ CL A. K. Basheer & P. Bhavadasan, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WP (Crl.) No. 146 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of April, 2009. Judgment Basheer, J: Mrs.Jameela, the wife of the petitioner appears along with respondents 5 to 7, who are her father and brothers. Mrs.Jameela states before us that she has not been under any kind of illegal detention or confinement as alleged in the writ petition. She is undergoing some medical treatment at Thiruvananthapuram as revealed from Ext.P4. She further states that the treatment is to continue for some more time. She has been advised to remain at Thiruvananthapuram till the treatment is over, she submits. 2. Admittedly three of her 4 children are now living with the petitioner. Mrs.Jameela prays that her husband may be directed to allow the children to join her at Thiruvananthapuram for a few days since they are having vacation now. She undertakes that the children will be allowed to go back to Ernakulam after 5 or 6 days. Petitioner states that he has no objection, provided they are allowed to come back to Ernakulam after a short stay, so that they can continue their classes in the Madrassa. Having regard to the entire facts and circumstances we are satisfied that the prayer sought for by the petitioner in the writ petition cannot be granted. However petitioner shall, as undertaken by him, take the three children to Thiruvananthapuram on April 13, 2009 and leave them with Mrs.Jameela. The children shall be allowed to be taken back to Ernakulam on 19th April 2008, as agreed by Mrs. Jameela. Writ Petition is closed. A.K. BASHEER Judge P. Bhavadasan Judge 2 an.