IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(Crl.).No. 444 of 2011(S) --------------------------- PETITIONER(S): --------------- HASSANKUTTY @ HASSAN, AGED 65 YEARS, S/O.MOIDUTTY MUSALIYAR, KORPPULLIYIL HOUSE, MUTTUKKAL, KUNDANNUR.P.O., VADAKKANCHERRY, THRISSUR DISTRICT. BY ADV. DR.PAULY MATHEW MURICKEN SRI.K.P.ABDUL RASSAK SRI.C.K.VARGHESEKUTTY RESPONDENT(S): --------------- 1. DIRECTOR GENERAL OF POLICE (STATE POLICE CHIEF), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.695001 2. SUPERINTENDENT OF POLICE(DISTRICT POLICE CHIEF) RURAL, THRISSUR.680001 3. SUB INSPECTOR OF POLICE, VADAKEKAD POLICE STATION, THRISSUR DISTRICT.680004 4. RAZIN, S/O.SYED, ELEYEDATH HOUSE, AZHIKODE BOAT JETTY.P.O., AZHIKODE, KODUNGALLUR, THRISSUR DISTRICT.680004 GOVERNMENT PLEADER SRI.C.M.KAMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.444 of 2011 ---------------------------------------- Dated this the 10th day of October 2011 J U D G M E N T R.BASANT,J The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his adult major married daughter Selva.K.H., aged 23 years (date of birth : 18/02/1988) and her minor child. According to the petitioner, the husband of his daughter is employed abroad. One child by name Ishan Muhammed aged 1 ½ years is born in that wedlock. The married daughter was residing in the house of her husband – Navas by name. She was allegedly found missing from 16/09/2011 along with her child from her matrimonial home. Attempts made by the petitioner to trace his daughter and child did not succeed. The police were not taking proper action. The petitioner apprehended that the 4th respondent, a local person had abducted his daughter and grand child. 2. This petition was filed on 13/09/2011. The case came up for hearing on 04/10/2011 and was posted to this date. W.P.(Crl)No.444 of 2011 2 3. Today when the case is called, the petitioner is present. He is represented by his counsel. The 4th respondent has not entered appearance. The alleged detenues, daughter and grand child of the petitioner are present in court. 4. We permitted the alleged detenue to remain alone in the chamber with her child. After the lunch recess, we interacted with the alleged detenue. She states that she was not able to get long happily at her matrimonial home. She had hence left the house on her own along with her child. She had moved to various places and on coming to know of this proceedings, has appeared before this Court today. According to her, she is not under illegal detention or confinement of anyone. She wants to leave the Court along with her father, the petitioner. We note that notice was not issued to the 4th respondent by this Court. 5. The petitioner submits that he is willing to take his daughter and grand child along with him. He is willing to accommodate them and afford protection to them at his residence at Vadakkanchery. The petitioner has no complaints against the 4th respondent Razin now. According to the W.P.(Crl)No.444 of 2011 3 petitioner, his name was shown as the 4th respondent on the basis of vague information received by the petitioner. The petitioner and the alleged detenue aired an apprehension that the police may remove the child from the custody of the petitioner and his daughter at the instance of the husband of the alleged detenue and his relatives. 6. We have considered all the relevant inputs. We are satisfied that this petition can now be closed with appropriate directions. 7. In the result, a) This petition is dismissed. b) The alleged detenue KH.Selva and her minor son Ishan Muhammed are permitted to leave the Court along with the petitioner as desired by the alleged detenue and as agreed by the petitioner. c) To allay the apprehensions of the petitioner and the alleged detenue, we direct that the custody of the minor child with the petitioner and his daughter Selva.K.H shall not be disturbed by the police or anyone without appropriate orders from the family court concerned. W.P.(Crl)No.444 of 2011 4 8. Hand over copy of this judgment to the learned counsel for the petitioner and the learned Government Pleader. The learned Government Pleader shall communicate the order to the 3rd respondent immediately. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.(Crl)No.444 of 2011 5 W.P.(Crl)No.444 of 2011 6 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010