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 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(Crl.).No. 372 of 2009(S) --------------------------- PETITIONER(S): --------------- SAKUNDHALA, W/O.PERUMAL, AGED 27 YEARS, ELAMKULAM CORPORATION COLONEY, CHILAVANNUR ROAD, KOCHI-20. BY ADV. SRI.T.I.DANIEL SMT.K.DEEPA (PAYYANUR) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY,THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, KERALA,THIRUVANANTHAPURAM. 3. INSPECTOR GENRAL OF POLICE, KERALA, THIRUVANANTHAPURAM. 4. PERUMAL, AGED 30 YEARS, S/O.MADHUAPPAN, KATTERAPPETTY, MAVATTOM, DHARMAPURI DISTRICT, THAMILNADU. GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.372 of 2009 ---------------------------------------- Dated this the 26th day of October 2009 J U D G M E N T Basant,J This judgment must be read in continuation of the earlier orders resting with the order dated 15/10/2009. Today when the case is called, the petitioner is present along with the three children, that is the alleged detenues. The 4th respondent, who was allegedly detaining the children and from whose custody, after the filing of the writ petition, the children have come into the custody of the petitioner, is not present. We assume that the 4th respondent does not want to make any submissions before this court now. The children having been restored to the custody of the petitioner, the mother of the children, we are now satisfied that no further directions are necessary in this writ petition. Of course, we note that the 4th respondent father has not so far appeared before this court. 2. We accordingly allow this petition in part. The three children of the petitioner are permitted to continue with the petitioner. However, we make it clear that this order or the W.P.Crl No.372/09 2 action taken in this writ petition will not in any way fetter the rights of the 4th respondent, if he so chooses to approach the Family Court and claim his rights, if any, regarding the custody of the three children and the Family Court in that event shall pass appropriate orders in accordance with law uninfluenced by the action taken in this writ petition. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.Crl No.372/09 3 W.P.Crl No.372/09 4 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009