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 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(Crl.).No. 140 of 2011(S) ----------------------------------------------- PETITIONER(S): --------------------- FRENJIT K.A. @ TONY, AGED 32 YEARS, S/O.K.J.ANTONY KODIATH HOUSE, KALAMASSERY P.O., S.KALAMASSERY. BY ADV. SRI.B.S.SWATHY KUMAR SMT.ANITHA RAVINDRAN SMT.P.V.SOBHANA RESPONDENT(S): ----------------------- 1. THE SUB INSPECTOR OF POLICE, PALLURUTHY POLICE STATION, KOCHI - 682 006. 2. ANTONY, KAITHAVALAPPIL HOUSE, MOOLAMKUZHY, PALLURUTHY P.O., KOCHI-682006. 3. MERCY, W/O.ANTONY, KAITHAVALAPPIL HOUSE, MOOLAMKUZHY, PALLURUTHY P.O., KOCHI-682006. R1 BY GOVERNMENT PLEADER SHRI C. M. KAMMAPPU. R2 & R3 BY ADV. SHRI CHANDRABABU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(CRL).NO. 140 OF 2011 S ------------------------------------------ Dated this the 18th March, 2011 JUDGMENT K.M. Joseph, J. Petitioner seeks a Writ of Habeas Corpus for production of his minor son, Adriano, who is aged 2-1/2 years. Allegation of detention is made against the maternal grand-parents, namely respondents 2 and 3. There is no dispute that the wife of the petitioner passed away. 2. We interacted with the petitioner and respondents 2 and 3. Going by the pleadings, petitioner is working in the Merchant Navy. We allowed the petitioner to have custody of the minor child for some time from when the case was called. 3. Learned counsel for respondents 2 and 3 would submit that as far as granting temporary custody of the minor child is concerned, respondents 2 and 3 are agreeable to giving custody of the minor child to the petitioner on alternate Saturdays at 8 AM and the petitioner can keep custody of the child till 5 PM on the next day (Sunday) and he must give back custody of the child at 5 2 PM to the second respondent. The custody can be taken and given back as aforesaid at Karunalayam, Moolamkuzhy. This suggestion is acceptable to the learned counsel for the petitioner also. Accordingly, we dispose of the Writ Petition as follows: The second respondent will give custody of the minor child to the petitioner on every alternate Saturday at 8 AM commencing from 19.3.2011 at Karunayalam, Moolamkuzhy and the petitioner can keep custody of the child till 5 PM on the next day (Sunday) and the petitioner shall give back custody of the minor child to the second respondent at 5 PM at Karunalayam, Moolamkuzhy. We make it clear that the second respondent need give custody of the minor child only to the petitioner. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. //True Copy// 3