IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(CRL.).NO. 351 OF 2008(S) --------------------------------------- PETITIONER(S): -------------------- V.JAMEELA, AGED 42 YEARS, W/O.MOOSAKUNHI P.P.M.S.M.MANZIL, P.O.IRINAVU, KANNUR. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): ----------------------- 1. SUPERINTENDENT OF POLICE, KANNUR. 2. CIRCLE INSPECTOR OF POLICE, VALAPATTANAM, KANNUR. 3. SUB INSPECTOR OF POLICE, KANAPURAM POLICE STATION, KANNUR. 4. AKHILESH, AGED 27 YEARS, S/O.BALAN, OTTAPPURAYIL HOUSE, P.O.IRINAVU, KANNUR. 5. BALAN, OTTAPPURAYIL HOUSE, P.O.IRINAVU, KANNUR. ADV. SRI.C.KRISHNAN(KANNUR) FOR R5 SMT.K.K.CHANDRALEKHA FOR R5 SRI.GOPAKUMAR G. (ALUVA) FOR R5 SRI.SUNIL NAIR PALAKKAT FOR R4 SRI.K.N.ABHILASH FOR R4 SMT.R.LEELA FOR R4 SRI.A.RAMANATHAN FOR 3RD PARTY BY PUBLIC PROSECUTOR SHRI S.U. NAZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(CRL) NO. 351 OF 2008 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 PHOTOSTAT COPY OF F.I.R. NO.257/2008. RESPONDENTS' EXHIBITS: ------------------------------------- EXHIBIT R5(a) TRUE COPY OF DISCHARGE SUMMARY ISSUED BY THE UNITY HEALTH COMPLEX, MANGALORE DATED 8.10.2008. EXHIBIT R5(b) TRUE COPY OF THE DISCHARGE BILL ISSUED BY THE UNITY HEALTH COMPLEX, MANGALORE DATED 8.10.2008. EXHIBIT R5-1 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE ALLEGED DETENU “SHEHNAS” A.K. BASHEER & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = W.P(CRL.) No.351 of 2008 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of January, 2009 J U D G M E N T ---------------------- Basheer, J. Petitioner has filed this Writ Petition alleging that her daughter Ms.Shahanas was wrongfully and illegally detained by respondent Nos.4 and 5. 2. The alleged detenu, when she appeared before this Court on November 20, 2008, stated that she was not in illegal custody of anybody. Thereafter on November 21, 2008 when the case was taken up for further consideration, the girl stated before the Court that she wanted to go along with her father. Accordingly she was allowed to do so. 3. Thereafter on December 4, 2008 when the case was taken up for consideration, this Court permitted respondent No.4 to leave India to enable him to join duty in Canada where he is stated to be employed. 4. Since it was contended by the learned counsel for the petitioner that the Passport, Visa, Certificates. etc., belonging to the girl were still being retained by respondent No.4, we had directed the learned counsel to get instructions in the matter. W.P(CRL.) No.351 of 2008 -: 2 :- 5. It is submitted on behalf of respondent No.4 that the Passport, Visa, Certificates, etc., belonging to Ms.Shahanas are still with him. But according to the learned counsel in view of the statement filed by Ms.Shahanas before the Canadian Embassy at New Delhi stating that she is married to respondent No.4, it may not be technically possible for him now to return those documents unless Ms.Shahanas informs the Embassy that she is not the wife of respondent No.4. 6. We do not propose to express any opinion on this aspect at this stage, nor are we inclined to issue any direction in this regard. However, we make it clear that it will be open to the parties concerned to sort out the issue in accordance with law. 7. Since the alleged detenu is in the lawful custody of her father, no further orders are necessary in this Writ Petition. All the interim orders passed in the Writ Petition are vacated. Writ Petition is closed as above. A.K. BASHEER, JUDGE. THOMAS P.JOSEPH, JUDGE. W.P(CRL.) No.351 of 2008 -: 3 :- vsv