IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(Crl.).No. 66 of 2008(S) -------------------------- PETITIONER : --------------- DILEEP KUMAR, S/O. KRISHNANKUTTY, TACHANATTUPADATHU VEEDU, KEDAMANGALAM, EZHIKKARA. BY ADV. SRI.S.RAJEEV RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY HOME SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, NORTH PARAVOOR, PARAVOOR POLICE STATION, (CRIME NO.860 OF 2007 OF NORTH PARAVOOR POLICE STATION). 3. CIRCLE INSPECTOR OF POLICE, NORTH PARAVOOR POLICE STATION, NORTH PARAVOOR. 4. SUPERINTENDENT OF POLICE (RURAL), ALUVA. 5. DIRECTOR GENERAL OF POLICE(LAW & ORDER), POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 6. VINCENT, S/O. BONUS, THONDANVILA, PALAKAL, PARASSALA. BY SR. P.P.SRI. S.U. NAZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE WRITTEN COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, NORTH PARAVUR DTD 14.9.2007. EXT.P2 COPY OF THE FIRST INFORMATION REPORT OF NORTH PARAVUR POLICE STATION. EXT.P3 COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE R4. EXT.P4 COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE R5. RESPONDENTS' EXHIBITS: EXT.R1(A) COPY OF THE ORDER NO.D4/112079/2008 DTD 30.12.2008. EXT.R1(B) COPY OF THE ORDER NO.D7/15/CR/2009 DTD 3.1.2009. EXT.R1(C) COPY OF THE COMMUNICATION DTD 6.1.2009. EXT.R1(D) COPY OF THE ORDER OF THE SUPERINTENDENT OF POLICE CBCID SIG II ERNAKULAM DTD 6.1.2009 /TRUE COPY/ cl A.K.BASHEER & C.T. RAVIKUMAR, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl)No.66 OF 2008-S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February, 2009 JUDGMENT Basheer, J: Petitioner prays for issue of a writ of habeas corpus in this petition to cause production and release of his wife Smt. Sindhu, aged 32 years and two children aged 10 and 8 respectively from illegal custody. According to the petitioner, his wife had left him with the two children on September 13, 2007. 2. This writ petition was filed in February 2008 since the local police could not make any headway in the matter of investigation of the crime registered in connection with this case. The Crime Branch was directed to take over the investigation. 3. Today when the case came up for further consideration, learned Government Pleader submitted before us that Smt. Sindhu and two children were traced out from Changaramkulam in Malappuram district on January 23, 2009. They were produced before the Judicial Magistrate of First Class, North Paravur on the next day. The learned magistrate had allowed Smt. Sindhu to go along with the younger child since the petitioner, who was also present before the court agreed to take the elder daughter. 4. Even though the petitioner had offered to take his 2 W.P.(Crl).No.66/08 wife and two children along with him, Smt. Sindhu is stated to have informed the learned magistrate that she does not want to go with her husband. Thus she had taken the younger child with her and gone with Mr. Vincent, respondent No.6 herein. 5. Smt. Sindhu when queried by us, informed that she does not want to go and live with her husband. Petitioner has yet again made an offer to take his wife and two children along with him, but Smt. Sindhu does not wish to do so. The younger child is aged only 8 years. 6. Having regard to the entire facts and circumstances, we are of the view that the younger child also has to be left in the care and custody of the petitioner for the time being, at least until some permanent arrangement is made through the intervention of the competent Family Court. 7. However, we record the undertaking of the petitioner that he will not cause any obstruction, if and when Smt. Sindhu wants to meet the two children. The writ petition is closed. (A.K.BASHEER, JUDGE) (C.T. RAVIKUMAR, JUDGE). cl 3 W.P.(Crl).No.66/08