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 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(Crl.).No. 292 of 2011(S) --------------------------- PETITIONER: --------------- ANILKUMAR, AGED 40 YEARS, S/O.SREERAMAN, MANIMALAKUNNIL HOUSE, OLIYAPPURAM P.O., KOOTHATTUKULAM. BY ADV. SRI.ABRAHAM P.GEORGE SRI.K.VINODKUMAR (707/89) SMT.M.SANTHY RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, PIRAVOM, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, PIRAVOM.686667 2. THE SUB INSPECTOR OF POLICE, KOOTHATTUKULAM POLICE STATION, KOOTHATTUKULAM.686667 3. ARUN.P.K., AGED 20 YEARS, S/O.LATE KUNJAPPAN, PARAPPURATH HOUSE, NAITHUSALAPADY, PAMPAKUDA, PIN-686 667. 4. KARTHYAYANI, AGED 60, W/O.LATE KUNJAPPAN, PARAPPURATH HOUSE, NAITHUSALAPADY, PAMPAKUDA, PIN-686 667. 5. RADHA, AGED 35, W/O.ANILKUMAR, NOW RESIDING AT PARAPPURATH HOUSE, NAITHUSALAPADY, PAMPAKUDA, PIN-686 667. GOVERNMENT PLEADER, SHRI C M KAMAPPU FOR R1&2 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT. P1 : TRUE COPY OF THE COMPLAINT DT.7.6.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS : NIL // TRUE COPY// PA TO JUDGE K. M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No.292 of 2011 S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of June, 2011 JUDGMENT K.M. Joseph J., The petitioner is the husband of the 5th respondent. The 3rd respondent is the brother-in-law and 4th respondent is the mother in law of the petitioner. There are two children born in the marriage between the petitioner and the 5th respondent, namely a girl child aged 17 years and a boy child aged 15 years. According to the petitioner, his wife and children are detained by respondents 3 and 4 and are restrained from contacting with the petitioner. It is further case of the petitioner that respondents 1 and 2 had not shown any interest to investigate or rescue his minor children from the illegal custody of respondents 3 and 4. It is submitted that due to the W.P.(Crl.) No.292 of 2011 :2: illegal custody of the minor children by respondents 3 and 4, the elder daughter of the petitioner could not take steps to join professional courses or to join degree classes. 2. Today we interacted with the 5th respondent, the petitioner and also with the two children. We also heard learned counsel for the petitioner. 3. As far as the daughter is concerned, she has passed her Plus Two course. It is also stated that she has appeared for Entrance examination for the purpose of joining Engineering Course. The results are not published, it is submitted. It is also submitted that the girl child will be sent for higher studies. As far as the boy is concerned, he has failed in the VIII Std. and according to the 5th respondent, it is because of the conduct of the petitioner. 4. The 5th respondent would say that she is living with respondents 3 and 4. It is only out of the necessity that she is residing with them. She would deny the case of detention of respondents 3 and 4 . W.P.(Crl.) No.292 of 2011 :3: 5. We do not think that the petitioner has made out the case of detention and accordingly the Writ Petition is dismissed. K.M.JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/