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 6TH JULY 2009 / 15TH ASHADHA 1931 WP(Crl.).No. 245 of 2009(S) --------------------------- PETITIONER: --------------- P.CHANDRAN, THANUVELIL PADEETTATHIL, PULLANPPADAMURI PALLIPADU.P.O.HARIPPAD VIA ALAPPUZHA. BY ADV. SRI.K.SUBASH CHANDRA BOSE SRI.V.RAJASEKHARAN PILLAI RESPONDENTS: --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE ALAPPUZHA. 2. THE SUB INSPECTOR OF POLICE VENMONY POLICE STATION, VENMONY, ALAPPUZHA. 3. DINESH, S/O.GOPI DINESH BHAVAN,KAIPUZHA NORTH MURI KULANADA VILLAGE, PATHANAMTHITTA. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR ADV. SRI.VINOY VARGHESE KALLUMOOTTILL FOR (DETENUE) THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.245 of 2009 ------------------------------------- Dated this the 6th day of July, 2009 JUDGMENT BASANT, J. Petitioner is present before Court. The 3rd respondent, though served, is not present before Court. Counsel for the petitioner is present. A counsel has entered appearance for the alleged detenue. The petitioner had complained that his daughter Smt.Saritha and her 6 months old son Adithyan, who were living along with the detenue's mother in law were missing from the house of the mother in law. 2. We permitted the alleged detenue to remain in the Chamber without interaction with anyone other than the petitioner and his wife, ie. the mother of the alleged detenue. It is informed that the alleged detenue Smt.Saritha is aged 25 years she having been born on 10.02.1984. It is further submitted that after the registration of the crime under the caption `woman missing', she had appeared before the Sub Divisional Magistrate and the Sub Divisional Magistrate, by order dated 29.06.09 in M.C.No.34 of 2009, had set her at liberty W.P(Crl.) No.245 of 2009 2 on being satisfied that she is not under detention or illegal confinement of anyone. 3. After lunch, at the Chamber today at 1.45 p.m, we ascertained the response of the alleged detenue. She states that she was never under illegal confinement or detention by anyone and that she had left the house of her mother in law on her own free will. Asked as to where she would now like to go, she states that she does not want to return to the house of her mother in law. She would like to return along with the petitioner and his wife, ie. her father and mother along with her child aged 6 months. 4. The petitioner submits that the petitioner is willing to take the alleged detenue with him and that no further directions are necessary in this Writ Petition as it is now evident that the alleged detenue is not under confinement or detention by anyone. 5. The counsel for the alleged detenue Advocate Binoy Varghese Kallummoottil is permitted to file a vakalat on behalf of the alleged detenue. We have heard him also. 6. This Writ Petition is, in these circumstances, dismissed. True to her desire and wishes, we permit the W.P(Crl.) No.245 of 2009 3 detenue Smt.Saritha, daughter of the petitioner, to leave the Court along with the petitioner herein. She returns to the house of the petitioner along with her child aged 6 months. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-