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 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(Crl.).No. 183 of 2011(S) --------------------------- PETITIONER(S): --------------- SHANITHA, AGED 28 YEARS, D/O.V.C.GEORGE, VADAKKKUTT, NEDUMPARAM P.O., THIRUVALLA. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, S.P.OFFICE, ALAPPUZHA, PIN-690 501. 2. CIRCLE INSPECTOR OF POLICE, CIRCLE OFFICE, THIRUVALLA, PIN-689 101. 3. SUB INSPECTOR OF POLICE, POLICE STATION, PULIKEEZHU, PIN-691 559. 4. JOHNSON, VADAKKEKUTT, NEDUMPARAM P.O., THIRUVALLA-689 110. ADV. SRI.R.MANOJ FOR R4 GOVT.PLEADER SRI.C.M.KAMMAPPU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/06/2011, ALONG WITH WPCR NO.214 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.CR.183/2011 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : COMPLAINT FILED BEFORE THE THIRD RESPONDENT. (TRUE COPY) K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- W.P.(Criminal) Nos.183 & 214 of 2011 ----------------------------------------------- Dated 15th June, 2011. J U D G M E N T Joseph, J. W.P.(Crl) Nos.183 and 214 of 2011 are connected and hence, we dispose of the same by a common judgment. W.P.(Crl) 183/11 is filed by the alleged detenue in W.P.(Crl) 214 of 2011, hereinafter referred to as Smt.Shanitha, praying for a writ of habeas corpus for production of the alleged detenue, who is none other than her girl child aged 4½ years. The allegation of detention is made against 4th respondent, who is her brother. We have passed interim orders. We have made arrangement regarding custody of the child being with the maternal grandmother (petitioner in W.P.(Crl) 214/11). We notice that as per order dated 11.4.2011, the court had taken notice of the agreement of the father of the minor child for the said arrangement. Smt.Shanitha was directed to reside at Devala, in the residence of Antony. It is alleging that Smt.Shanitha has run away while she was directed to reside in the residence of Antony and making Antony as 4th respondent and further making allegation against 3rd respondent that W.P. W.P.(Crl) 183 & 214/11 2 (Crl) 214/11 is filed. Smt.Shanitha, came to be traced out by the police. We directed her to reside in a hostel and the matter was being taken up from time to time. In the interregnum, we also directed Smt.Shanitha to undergo a psychiatric evaluation. 2. Today, when the matter was taken up, Smt.Shanitha was produced before us. We interacted with her. We also interacted with her mother. We heard learned counsel appearing for the parties. Though notice is not served on the 4th respondent in W.P.(Crl) 214/11, learned counsel for the petitioner in the first place submits that an application to delete the 4th respondent from the party array will be filed. Moreover, we find that it may not be necessary to hear the 4th respondent, in the nature of the order that we propose to pass. 3. It is brought to our notice that Shanitha is not keeping well. Her mother is prepared to take her. Shanitha is also agreeable for going with her mother. It is submitted on behalf of petitioner in W.P.(Crl) 214/11 that the arrangement as to the custody of the minor child may be continued as it stands today. W.P.(Crl) 183 & 214/11 3 4. We think that in the interests of justice, we can close the Writ Petitions by permitting Smt.Shanitha to go and reside with the petitioner in W.P.(Crl) 214/11 and also the interim custody of the minor child being continued as it stands. It is ordered accordingly. 5. Apprehension is raised that there may be interference by the third respondent in W.P.(Crl) 214/11. Police assistance is sought. Learned Government Pleader would submit that assistance will be made available for carrying out the judgment of this Court as aforesaid, within the powers of the State of Kerala. If the petitioner in W.P.(Crl) 214/11 applies for a copy of the report of the medical expert, it will be made available as per law. Sd/- K.M.JOSEPH, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs