IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(Crl.).No. 149 of 2011(S) ------------------------------------ PETITIONER(S): --------------------- SUDAKARAN, S/O.AYYAPPAN, MALOLAKUNNUMMAL, MULLAMPARA, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.V.RAJENDRAN SRI.P.SAMSUDIN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, GOVERNMENT SECRETARIAT-695 001, THIRUVANANTHAPURAM. 2. INSPECTOR GENERAL OF POLICE, AHAMMADABAD, GUJARAT, AHAMMADABAD P.O-380001. 3. THE SUB INSPECTOR OF POLICE, MANJERI-676 122. 4. THE CIRCLE INSPECTOR OF POLICE, THALIPPARAMBA, PIN-670 141, KANNUR DISTRICT. 5. SREEJESH.M.V., S/O.M.V.PURUSHOTHAMAN, MALAYANVALAPPIL HOUSE, ARIYIL P.O., PIN-670 141, THALIPPARAMBA, KANNUR DISTRICT. R1 TO R4 BY SR.GOVERNMENT PLEADER SRI.P.K.BABU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR NO.149/2011: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE TC OF THE DETENU. EXT.P2.TRUE COPY OF THE FIR IN CR.NO.723/2010 IN MANJERI POLICE STATION. EXT.P3.TRUE COPY OF THE COMPLAINT FILED BEFORE THE 4TH RESPONDENT. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(CRL) No.149 of 2011-S ---------------------------------------------- Dated, this the 30th day of May, 2011 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking a writ of Habeas Corpus for production of Arya, the alleged detenue. Allegation of detention is made against the 5th respondent. 2. Briefly put, the case of the petitioner is as follows: Petitioner is working as a casual sweeper in the Collectorate, Malappuram. His wife was earlier married to another person. The 5th respondent is the son of his wife born in that wedlock. After divorce obtained by his wife, petitioner married her. Two children were born in that wedlock. The alleged detenue is aged 17 ½ years. Her date of birth is 22.2.1994. Illegal detention is made against the 5th respondent. It is submitted that the alleged detenue and the 5th respondent are related to each other by uterine blood and are half brother and sister. 3. We notice that there are orders including order dated 17.5.2011. Going by order dated 17.5.2011 it would WPCR 149/2011 -2- appear that the alleged detenue expressed her willingness to go with her parents. Recording the same, the same arrangement by which the alleged detenue was ordered to go with her parents is directed to continue. 4. Today, the 5th respondent is personally present. According to him, he does not admit the allegations as such made against him. Whatever that be, the child is a minor and she is with her parents and what is more it is as per her wish. In such circumstances, we close the writ petition. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS