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 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 WP(Crl.).No. 352 of 2009(S) --------------------------- PETITIONER: --------------- SURENDRAN, AGED 53 YEARS, S/O. DAMODARAN, RESIDING AT SURAJ BHAVAN, KOTTAKKERAM, PARIPPALLY P.O., PIN 691 574. BY ADV. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SRI.JOBI.A.THAMPI SMT.BOBY M.SEKHAR SMT.M.P.SEETHA RESPONDENTS: ----------------------- 1. SUB INSPECTOR OF POLICE, PARIPPALLY. 2. C.I. , PARAVOOR POLICE STATION, PARAVOOR, 3. SUPERINTENDENT OF POLICE, KOLLAM. 4. AFZAL N.R., ROADVILA VEEDU, MUTHIYAKONAM, VELAMANOOR PO., PARIPPALLY. BY GOVT.PLEADER SHRI K.J.MOHAMMED ANZAR FOR R1 TO R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.352 OF 2009 ----------------------------------------------------- DATED THIS THE 7TH DAY OF SEPTEMBER, 2009 J U D G M E N T 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 daughter Surya, a girl aged about 18 years - she having been born on 31.5.1991. The petitioner complained that his daughter was missing from 21.8.2009. It was the grievance of the petitioner that the 4th respondent Afsal was illegally detaining his daughter. A crime was registered by the police as Crime No.503/09 of Parippally Police Station under the caption 'woman missing'. No positive action was taken and it was in these circumstances that the petitioner came to this Court with this petition. 2. This petition was filed on 25.8.2009. The same was admitted on 26.8.2009 and the case was posted to 31.8.2009. 3. On 31.8.2009, when the matter came up before the vacation Bench, it was reported that the alleged detenue has W.P.(Crl.)352/09 -2- been traced at Chennai and was being brought to Kerala for production before the Magistrate. Recording that submission that Bench posted the case to this date. 4. Today, when the case is called, the petitioner and his wife are present. The alleged detenue Surya is also present along with them. The learned Government Pleader reports that the alleged detenue and the 4th respondent were traced at Chennai and were produced before the J.F.M.C., Paravur. The learned Magistrate had allowed the alleged detenue to go along with the petitioner. Accordingly, the alleged detenue is now residing with the petitioner and has been brought to court along with the petitioner. 5. As the alleged detenue comes from the custody of the petitioner, we permitted her to remain in the Chamber without opportunity for anyone to influence her. The 4th respondent has not entered appearance. 6. After lunch recess, we interacted with the alleged detenue. The alleged detenue has stated categorically that she now wants to go with the petitioner. Her parents are not illegally W.P.(Crl.)352/09 -3- detaining or confining her and it is her decision that she should go with her parents, submits the alleged detenue. 7. We have heard the learned counsel for the petitioner. We are now satisfied that the alleged detenue, an adult major woman - she having crossed the age of 18 years on 31.5.2009, now wants to go along with her parents. We respect her wishes. The learned Government Pleader submits that necessary action shall be taken by the police in the crime already registered. 8. We are in these circumstances satisfied that this petition can now be allowed and the alleged detenue Surya, daughter of the petitioner can be permitted to leave the Court along with the petitioner. The alleged detenue Surya is permitted to go along with her parents. 9. This petition is hence allowed to the above extent. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn