IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 WP(Crl.).No. 63 of 2011(S) -------------------------- PETITIONER(S): --------------- SHAMSUDEEN, AGED 51 YEARS, S/O.SULAIMAN KUNJU, MUMTHAS MANZIL, VENGARA, THODIYOOR NORTH, KARUNAGAPPALLY. BY ADV. SRI.H.HARIKUMAR (KOLLAM) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, KARUNAGAPPALLY. 4. C.I.OF POLICE, KARUNAGAPPALLY. 5. S.I.OF POLICE, KARUNAGAPPALLY. 6. SHIBU, S/O.SADASIVAN, THANDANTEAYYATH VEEDU, KARUDEEN, VENGARA, THODIYOOR NORTH, KARUNAGAPPALLY. 7. SIVADASAN, THANDANTEAYYATH VEEDU, KARUDEEN, VENGARA, THODIYOOR NORTH, KARUNAGAPPALLY. 8. RADHAMMA, W/O.SADASIVAN, THANDANTEAYYATH VEEDU, KARUDEEN, VENGARA, THODIYOOR NORTH, KARUNAGAPPALLY. R1 TO R5 BY SR.GOVT. PLEADER SHRI. KAMMAPPU ADV. SRI. K.SIJU FOR R7,8 SMT.BINDU GEORGE FOR R7,8 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl).No. 63 of 2011 S - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2011 JUDGMENT Joseph, J. The petitioner is the father of the alleged detenue. He seeks a writ of Habeas Corpus. He also seeks a direction to respondents 1 to 5 to investigate on Edxts.P1 and P2. 2. We had directed the detenue to reside in a hostel and also directed that she shall be produced before this Court today. Pursuant to the order, she is present. In the order dt. 21.2.2011 we had noted the statement of the detenue that she went on her own and she has married the 6th respondent after being converted into a Hindu. 3. Today when the matter came up, the alleged detenue would say that on further contemplation she has decided to go with her parents. W.P.(Crl).No. 63 of 2011 2 4. In such circumstances we close this Writ Petition by allowing the detenue to go with her parents, who are also present. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm W.P.(Crl).No. 63 of 2011 3 K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl).No. 63 of 2011 S - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of February, 2011 O R D E R Petitioner is the father of the alleged detenue. The detenue is present. We interacted with her, the petitioner and his wife as also respondents 7 and 8. The alleged detenue would say that she went on her own and she has married the 6th respondent on 14.2.2011 after being converted into a Hindu. 2. In the nature of this case, we think that the alleged detenue cannot be directed to go with respondents 7 and 8. Accordingly we direct the alleged detenue to reside in the Santhinikethan Hostel, near Lourdes Hospital, Pachalam. She shall be produced before this Court on 1.3.2011. A woman police constable, not in uniform, shall accompany the alleged detenue to the hostel and also on 1.3.2011 to this Court. Respondents 7 and 8 are willing to meet the boarding and W.P.(Crl).No. 63 of 2011 4 lodging expenses, submits the counsel for respondents 7 and 8. Petitioner and his wife and respondents 7 and 8 are allowed to interact with the alleged detenue during visiting hours. They are allowed to have telephonic contacts also as per the hostel rules. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm