IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(Crl.) No. 414 of 2008(S) ---------------------------------- PETITIONER: --------------- SAJINI SAALI, W/O. SAALI (LATE) AGED 34 YEARS, NOW RESIDING AT PULICKAPARAMBU HOUSE, KANIYANKUNNU, CHERIVUPARAMBU, U.C. COLLEGE POST, ALUVA. BY ADV. SRI. DENIZEN KOMATH SRI. SHERRY J. THOMAS RESPONDENTS: ------------------ 1. SUPERINTENDENT OF POLICE, ALAPPUZHA. 2. SUB INSPECTOR OF POLICE, ARYAKKARA POLICE STATION, MUHAMMA P.O., ALAPPUZHA. 3. SANU T.S., S/O. SASIKUMAR, THAIVEPPIL HOUSE, KAIPPURAM (NORTH), PUTHANANGADI, MUHAMMA POST, ALAPPUZHA. ADV. SRI.P.A.MUJEEB FOR R3 SRI.ANVER BASHEER FOR R3 GOVERNMENT PLEADER SRI. MOHAMMED ANZAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl).No.414/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE the 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp KURIAN JOSEPH & K.T. SANKARAN, JJ. ------------------------------------------ W.P.(Crl) No.414 OF 2008 ------------------------------------------ Dated this the 12th day of December, 2008. J U D G M E N T Kurian Joseph, J. This writ petition is filed with the following prayer: a) Issue a writ of Habeas Corpus, any other writ, order or direction, directing the respondents herein to produce the body of (1) Sagar - aged 15 years, (2) Sagesh - aged 13 years and (3) Sachin - aged 11 years) from the illegal detention of the 3rd respondent, and set them at liberty or to the custody of the petitioner who is their mother and natural guardian. Pursuant to the direction issued by this Court, the children were present before us. Despite the strenuous efforts taken by this Court also through conciliators, children are not willing to go with the mother. We find that they are not in the illegal custody of anybody. They are in their parental home. It is for the petitioner to take steps towards reconciliation with the children and her husband's family. W.P.(Crl) No.414/08 2 2. Petitioner submits that her personal belongings are with the third respondent. There will be a direction to the third respondent to return whatever personal belongings of the petitioner kept with him through the second respondent-Sub Inspector of Police. The second respondent will facilitate working out the order as above. With the above observation, this writ petition is dismissed. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp W.P.(Crl) No.414/08 3 KURIAN JOSEPH & K.T. SANKARAN, JJ. W.P.(Crl) No.414 OF 2008 J U D G M E N T 12.12.2008