IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 WP(Crl.).No. 22 of 2011(S) ----------------------------------- PETITIONER(S): ---------------------- M.MOHAMMED SHAFI,S/O.LATE MOHAMMED HANEEFA,RESIDING PLAVARKKADAYIL HOUSE, PACHIRA,PALLIPPURAM.P.O,THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SUNIL J.CHAKKALACKAL RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE,SREEKARYAM POLICE STATION,THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE,KAZHAKKUTTAM, THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL. 4. IBRAHIMPILLAI,AGED ABOUT 80 YEARS, THANNICHAL HOUSE, SREEKARYAM.P.O,THIRUVANANTHAPURAM-695001. 5. SHAFEEK AGED ABOUT 30 YEARS, S/O.IBRAHIMPILLAI, THANNICHAL HOUSE, SREEKARYAM.P.O,THIRUVANANTHAPURAM-695014. R1 TO R3 BY GOVERNMENT PLEADER SRI.KAMMAPPU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 25/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR 22 OF 2011: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE COMPLAINT SUBMITTED TO THE IST RESPONDENT. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(CRL) No.22 of 2011-S ---------------------------------------------- Dated, this the 25th day of January, 2011 J U D G M E N T K.M.Joseph, J. This writ petition is filed seeking the following relief: “to issue a writ in the nature of Habeas Corpus directing the respondents to produce the body of the detenues, Mohammed Shahinshah (Summer) aged 14 and Farhath, aged 13, the children of the petitioner before this Honourable Court and secure freedom from illegal and forceful detention from respondents 4 and 5.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is the father of the alleged detenues. The alleged detenues are the children of the petitioner through Shajeeda who is no more. The 4th and 5th respondents are the grand father and maternal uncle of the alleged detenues respectively. Detention is alleged. 3. Today, the 4th respondent is present before us with the children. We allowed the petitioner to interact with the children. 4. The petitioner is admittedly working in Muscat. He would say that he is scheduled to go back on 20.2.2011. 5. Learned counsel for the 4th respondent would submit that the petitioner can be permitted to see his children at the WPCR 22/2011 -2- Sreekaryam Muslim Juma-ath Office on all Fridays from 5 p.m to 6.30 p.m. We record the said submission and we direct that the 4th respondent shall make available the two children to the petitioner at the Sreekaryam Muslim Juma-ath Office at 5 p.m on all Fridays so that the petitioner can interact with his children from 5 p.m to 6.30 p.m on all Fridays till the petitioner leaves on 20.2.2011. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS