IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(Crl.).No. 262 of 2008(S) --------------------------- PETITIONER: ------------------- MANOJ KUMAR, AGED 39 YEARS, S/O.KOCHU KRISHNAN NAIR, CHARUVIL VEEDU, KAIPATTOOR, VALLICODE VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: ------------- 1. SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 2. CIRCLE INSPECTOR OF POLICE, PATHANAMTHITTA. 3. SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION. 4. RAMACHANDRAN NAIR, S/O.LATE GOPALA KURUP PRIYAM BHAVAN, KIZHAVALLOOR, KONNI. 5. MARIYAMMA, W/O.RAMACHANDRAN NAIR, PRIYAM BHAVAN, KIZHAVALLOOR, KONNI. 6. MANESH, S/O.SAHADEVAN, DEEPTHI GARDEN, KUMPUZHA MURI. PATHANAMTHITTA VILLAGE. R1 TO R3 BY GOVT.PLEADER SMT.M.K.PUSHPALATHA BY ADV. SRI.G.UNNIKRISHNAN FOR R4- & R5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL).No.262/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THEL COMPLAINT BEFORE THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA FROM THE PETITIONER DATED 16/7/2008. EXT.P2 TRUE COPY OF THE COMPLAINT BEFORE THE PATHANAMTHITTA POLICE STATION. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(Crl)NO.262 OF 2008 -------------------------------- Dated this the 5th day of August,2008 JUDGMENT Raman,J. Petitioner alleges that his wife and child are under the illegal custody of her parents and seeks to produce the corpus of the alleged detenue and child and to release them free. 2. Pursuant to the notice issued, the alleged detenue (wife of the petitioner) is present. We have interacted with her and she stated that because of the cruel treatment meted out by her husband, she is leaving away. She is now at Madras and educating the child with full support from her parents. The girl child was also produced before us. We have interacted with the girl child and she stated that she is studying in Vth standard in a nearby school at Madras. Learned counsel appearing for respondents 4 and 5, parents of the alleged detenue, also produced a certificate issued by the Headmistress of St. Thomas Nursery and Primary School, -2- WP(Crl).No.262/2008 Tambaram East, Chennai to the effect that Haripriya, daughter of the petitioner is residing at Gandhi Nagar, Tambaram East, Chennai along with her mother and she is a bona fide student of the School. A complaint said to have lodged by the petitioner's wife to the Officer-in-charge of the Military Corps of INT & School, Pune is also produced to show that as against the illegal treatment meted out by her husband, she had made a complaint to the Higher Officer of the petitioner. In the facts and circumstances of the case, we find that there is no illegal custody as alleged in the writ petition. Writ Petition is dismissed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv. -3- WP(Crl).No.262/2008