IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(Crl.).No. 50 of 2010(S) ------------------------------------ PETITIONER(S): --------------------- UNNI, S/O.SAIDALI, AGED 54 YEARS, KARAYIL HOUSE, NELLIKUZHY, ERAMALLUR VILLAGE KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM SRI.RENJITH THOMAS. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM 2. SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM 3. MANI, (FATHER'S NAME AND AGE ARE NOT KNOWN TO THE PETITIONER), PICHAPPILLY HOUSE, KOOVAPPADY PO,, PERUMBAVUR PIN - 683 455. 4. SOORAJ, S/O.MANI, (AGE IS NOT KNOWN TO THE PETITIONER), PICHAPPILLY HOUSE, KOOVAPPADY, PERUMBAVUR PIN - 683 455. 5. PRBHAVATHI, W/O.MANI, (AGE IS NOT KNOWN TO THE PETITIONER), PICHAPPILLY HOUSE, KOOVAPPADY PO., PERUMBAVUR PIN - 683 455. 6. DHANESH KRISHNAN (FATHER'S NAME IS NOT KNOWN TO THE PETITIONER), AGED ABOUT 23 YEARS, JANMAKULAM HOUSE, KOOVAPPADY PO,, PERUMBAVUR PIN - 683 455. R1 & R2 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R3 TO R5 ADV. SRI.N.R.RAJESH SRI.MANU ROY THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR.50/2010 APPENDIX: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF FIRST INFORMATION REPORT NO.61/2010 REGISTERED BY 2ND RESPONDENT. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(Crl) No.50 of 2010 ---------------------------------------------- Dated, this the 10th day of March, 2010 J U D G M E N T K.M.Joseph, J. This writ petition is filed by the father of the alleged detenu named Ramsia. The petitioner alleges that the detenu is detained by respondents 3 to 6. 2. We take note of the orders of this Court dated 11.2.2010, 24.2.2010 and 5.3.2010. Affidavits have been filed by respondents 4 and 5. Para 2 of the affidavit of the 4th respondent dated 8.3.2010 reads as under: “2. As per the direction of this Hon'ble Court dated 02.03.10, a new hostel, has been found out by my parents. The name of the hostel is DAYS RESIDENCY HOSTEL, which is situated at Judges Avenue, Kaloor, Ernakulam. My parents have also agreed to send Ramsia for her collegiate education after May, 2010. I am ready to legally marry Ramsia after 25.12.2010 when I attain 21 years of age but, myself and Ramsia have agreed to abide by any decision taken by my parents regarding the time our marriage. I have also decided to discontinue my course from Indira Gandhi College and join in some college in Indore, where my father is working. I hereby undertake that till the solemnization of our marriage, I will not try to see Ramsia by going to her hostel or her college. As a law abiding citizen, I am also ready by any condition that may be imposed on me by this Hon'ble Court.” WPCR 50/2010 -2- We also refer to para 2 of the affidavit filed by the 5th respondent which reads as under: “2. As per the direction of this Hon'ble Court dated 02- 03-10, a new hostel, which is affordable to us for accommodating Ramsia, has been found out. The name of the hostel is DAYS RESIDENCY HOSTEL, which is situated at Judges Avenue, Kaloor, Ernakulam. The petitioner had also accompanied me to the hostel and got convinced of the facilities in the hostel. An advance of Rs.500/- was paid by us in the hostel and they have agreed to accommodate Ramsia from 10-03-2010. The said hostel is also very secure and monthly charges including food and accommodation is Rs.3,000/-. Since the 3rd respondent is laid up due to physical illness and hypertension at Indore, I have to leave urgently to Indore. My daughter, Soumya, aged 23, is prepared to be the guardian of Ramsia as an interim measure till I return from Indore. We have also decided to join Ramsia for a computer course for a short term and after May, for her higher studies. We have no objection in the petitioner and his wife seeing Ramsia in the hostel.” 3. We heard the learned counsel for the parties appearing. In the light of the developments as disclosed by the interim orders, and taking note of the affidavits filed by the respondents, we dispose of the writ petition. In regard to the documents of the alleged detenu as noted in the order WPCR 50/2010 -3- dated 5.3.2010 it is open to her to approach the college authorities. In regard to the documents relating to the 4th respondent if he wants to discontinue the studies in the college it is open for him to file an application to the college authorities or any other forum for securing back the documents. The alleged detenu shall be housed in DAYS RESIDENCY HOSTEL from tomorrow onwards and the expenses of boarding and lodging of the alleged detenu will be be met by respondents 3 and 5. In case it becomes necessary during the stay of the alleged detenu in the hostel it will be open to the petitioner, the mother of the alleged detenu as also the 5th respondent and the sister of the 4th respondent to visit the detenu during the visiting hours. The 4th respondent shall not be permitted to visit the detenu while she is in the hostel. This arrangement of stay in the hostel will continue till the detenu and the 4th respondent will get legally married. In case both the petitioner, respondents 3 to 5 as also the alleged detenu are agreeable for shifting the stay of the detenu to another appropriate hostel, this order will not stand in the way. WPCR 50/2010 -4- The Writ Petition (Criminal) is disposed of as above. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS