IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(Crl.).No. 366 of 2011(S) --------------------------------- PETITIONER(S): -------------------- SUJATHA, AGED 51, W/O.LATE MR.SOMARAJAN, RESIDING AT SATHYALAYAM, KOKKATHODU P.O.689691, ARUVAPPULAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.ALEX.M.SCARIA SRI.GEORGE T. THACHETT RESPONDENT(S): --------------------- 1. THE CIRCLE INSPECTOR OF POLICE, KONNI POLICE STATION, PATHANAMTHITTA-689 691. 2. THE SUB INSPECTOR OF POLICE, KONNI POLICE STATION, PATHANAMTHITTA-689 691. 3. MR.MANU AGED ABOUT 35 YEARS S/O.RAGHAVAN, MULLANVARATHAILMELETHIL, MALLASSERY P.O., VALANCHUZHY, PATHANAMTHITTA-689 646. R1 & R2 BY GOVT. PLEADER SRI. C.M. KAMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(CR). NO. 366/2011 APPENDIX PETITIONER'S EXHIBITS: P1: RECEIPT DATED 01/08/2011 ISSUED FROM KONNI POLICE STATION. P2: COPY OF THE FIR DATED 03/08/2011 FROM KONNI POLICE STATION. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs Thottathil B.Radhakrishnan & K.Surendra Mohan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = WP(CR).No.366 of 2011-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of August, 2011. Judgment Thottathil B.Radhakrishnan, J. Following earlier orders, the alleged detenue's availability was recorded before the Judicial Magistrate of First Class-II, Pathanamthitta. She was then housed in Mahila Mandiram, Cherukol, Kozhencherry and it appears that she was not appropriately communicating. Today, she is produced here. We spoke to her. Though the writ petition mentions that she is under treatment and needs medication, she communicated coherently, also telling us details about her family and the fact that she was undergoing training in tailoring with the institution mentioned in the writ petition. She told us of her educational qualifications and of her immediate elder WPCR366/11 -: 2 :- brother. She also told us as to who had come to her home. She was clear in her statement that she would go with her mother. We are sure that she is quite oriented and is speaking of her own volition. We record this because we do not find any reason to think otherwise. As of now, though her mother told us that she has some meditation and is under the treatment of a doctor in Kottayam, the mother also expressed her desire to take her with her and care for her. We also record that the mother has told us that the third respondent was working in a bus and his circumstances and background appear to be dubious and not appealing to her. On the facts and in the circumstances of the case and due regard being had to the above, we close this case recording that the alleged detenue is going home with her mother. Ordered accordingly. Thottathil B.Radhakrishnan, Judge. K.Surendra Mohan, Judge. Sha/1808