IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(Crl.).No. 424 of 2011(S) --------------------------- PETITIONER(S): --------------- JEESON BOSCO, AGED 29, S/O.LATE BOSCO, PATHIALA HOUSE, VYTTILA P.O., THYKOODAM. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): --------------- 1. M.SOMANATHAN CHETTIAR, AGED ABOUT 62 MECHERIL HOUSE, KATTAPPANA P.O.,IDUKKI-685508 2. SUPERINTENDENT OF POLICE, IDUKKI DISTRICT PIN-685508 3. THE CIRCLE INSPECTOR OF POLICE, KATTAPPANA POLICE STATION, KATTAPPANA, IDUKKI-685508 BY GOVT. PLEADER SRI.C.M.KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPCR.424/11 PRTITIONER'S EXHIBITS: EXT.P1: PHOTOGRAPHS OF THE PETITIONER ALONG WITH THE DETENUE TAKEN ON THEIR PICNIC. EXT.P2: TRUE COPY OF THE E-MAIL SENT BY THE DETENUE TO THE PETITIONER DATED 27.9.2009. EXT.P3: TRUE COPY OF THE E-MAIL DATED 1.3.2010 SENT BY THE DETENUE TO THE PETITIONER. EXT.P4: TRUE COPY OF THE TEXT MESSAGES SENT BY THE DETENUE TO THE PETITIONER ON 11.9.2011 REDUCED INTO WRITING. EXT.P5: TRUE COPY OF THE TEXT MESSAGES SENT BY THE DETENUE TO THE PETITIONER ON 12.9.2011 REDUCED INTO WRITING. /TRUE COPY/ PA TO JUDGE THOTTATHIL B.RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ----------------------------------- W.P(Crl.).No.424 OF 2011 ------------------------------------ Dated this the 26th day of September, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. This writ petition is filed seeking the issuance of a writ in the nature of habeas corpus as regards the daughter of the third respondent. The story of the petitioner about his affinity with her, essentially, stands corroborated by the statement made by the alleged detenue, through the police officer, who recorded her statement under her signature in terms of the earlier orders of this Court. We have perused that report and the alleged detenue's statement. We are clear in our mind that the said statement is given by the alleged detenue on her own volition. Reading that statement, we find that, for reasons which she may have, the alleged detenue does not continue to maintain any relation with the petitioner. This is candidly stated in her statement given to the police and recorded following earlier WPCR.424/11 2 directions. She has signed that statement. We treat it as a statement recorded by a public officer, viz., police officer, following a judicial order. Accepting that statement on record, we close this writ petition holding that the alleged detenue is not under illegal detention of her father, the third respondent. The Court Officer will receive the statement presented by the learned Government Pleader, sign it, make endorsement appropriately and incorporate in the file. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- C.T.RAVIKUMAR, Judge. kkb.27/9.