IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(Crl.).No. 221 of 2010(S) --------------------------- PETITIONER: --------------- MADHU.G., S/O.GOPINATHAN, AGED 43 YEARS, MANUBHAVAN, ANAD MURI, KURUPUZHA VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.B.SREEKUMAR RESPONDENTS: --------------- 1. DIRECTOR GENERAL OF POLICE (LAW & ORDER) POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 2. SUPT. OF POLICE, (RURAL), THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, PALODE POLICE STATION. 4. SAJAD, S/O.SULAIMAN, AGED 21 YEARS, RODARIKATHU VEEDU, CHAPPATHIL, KOTTAKKAKAM MURI, VITHURA VILLAGE, THIRUVANANTHAPURAM DISTRICT. GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR ADV. SRI.T.RAVIKUMAR FOR R5 SMT.M.K.ASWATHI FOR R5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.221 of 2010 ********************* Dated this the 27th day of July, 2010 JUDGMENT 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 minor daughter Anu (date of birth - 17.05.1994). The petitioner apprehended that she was under illegal confinement or detention of the 4th respondent. But later the petitioner realised that she was under the illegal confinement and detention of the 5th respondent. The petition was subsequently amended to delete the original 4th respondent from the array of parties and to bring in the 5th respondent on the array of parties. 2. This petition was filed on 11.06.2010. It was admitted on the same day. This judgment must be read in continuation of our earlier orders passed in the matter resting with the order dated 22.06.2010. 3. Today when the case is called, the petitioner and his wife are present. The alleged detenue has come along with them to Court. The petitioner is represented by his counsel. Respondent No.5 has appeared before Court along with his father. He is represented by a counsel. W.P(Crl.) No.221 of 2010 2 4. We have interacted with the alleged detenue. Subsequently we interacted with the petitioner and respondent No.5. The learned counsel for the petitioner, the learned counsel for respondent No.5 and the learned Government Pleader were also present. 5. The alleged detenue and her parents now submit that it is confirmed that she is not pregnant. The alleged detenue offers to return along with her parents. She is aged only 16 years and we agree that the petitioner is now entitled to keep custody of his minor daughter, the alleged detenue. It is submitted that a joint affidavit has been filed by the petitioner and his wife undertaking that the alleged detenue shall not be given away in marriage before she attains the age of 18 years and that even thereafter she shall not be compelled to marry against her wishes. It is further submitted that certain articles which were available with respondent No.5 have been returned to the alleged detenue through police. 6. We are satisfied, in these circumstances, that no further directions are necessary in this Writ Petition. This Writ Petition can now be allowed. W.P(Crl.) No.221 of 2010 3 7. In the result: a) This Writ Petition is, in theses circumstances, allowed; b) The alleged detenue minor Anu is permitted to leave the Court along with her parents, ie. the petitioner and his wife, as desired by her; c) We accept the affidavit of undertaking filed by the petitioner and his wife referred above. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/