IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(Crl.).No. 420 of 2009-S --------------------------- PETITIONER: --------------- GEORGE, S/O.VARKEY, AGED 45, VALLENAMATTATHIL (H), PULIKKAPPALAM KARA, POONJAR THEKKEKARA VILLAGE, MEENACHIL TALUK, KOTTAYAM (DT). BY ADV. SRI.BABY THOMAS SRI.GIGIMON ISSAC RESPONDENTS: --------------- 1. THE COMMISSIONER OF POLICE, COCHIN CITY, BANERJI ROAD, COCHIN-31. 2. THE SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, THRIKKAKARA, ERNAKULAM. 3. MANU MOHANAN, S/O.MOHANAN, PULICKAL HOUSE, KONDATTUKUNNEL BHAGOM, PANACHIKAPPARA KARA, POONJAR P.O., KOTTAYAM (DT), MEENACHIL TALUK. 4. SABU KARTHANARAYANAN, PULICKAL HOUSE, KONDATTUKUNNEL BHAGOM, PANACHIKAPPARA KARA, POONJAR P.O., KOTTAYAM (DT), MEENACHIL TALUK. R1 & 2 B Y GOVT. PLEADER SMT. SMITHA SUKUMARAN ADV. SRI.T.C.SURESH MENON FOR R4 SRI.JIBU P THOMAS FOR R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL)NO. 420 OF 2009 ============================ DATED THIS THE 2ND DAY OF NOVEMBER 2009 JUDGMENT Basant,J. The petitioner has filed this petition for the issue of a writ of habeas corpus to search for, trace and produce his minor daughter Ligi Maria George, aged 17 years - a Plus Two student,who, the petitioner apprehended, was under the illegal confinement and custody of the third respondent herein with the active assistance and collusion of his uncle, the 4th respondent. The alleged detenue aged about 17 years – she having been born on 18-9-1992. She was allegedly missing from 23-9-2009. A crime was registered as Crime No. 1470/2009 at Thrikkakara police station. According to the petitioner, the police were not conducting proper investigation and it is in these circumstances that he has rushed to this Court for the assistance of this Court to trace and get release of his minor daughter. WPCrl.420/2009 2 2. This petition was filed don 20-10-2009. It was admitted on the same day. It was posted to 23-10-2009. On that day, order dated 23-10-2009 was passed by this Court. This judgment must be read in continuation of the said order. Specific directions were issued to the police including superior officials to ensure that a proper investigation be conducted. Today when the case is called, the petitioner is present. He has come to this Court along with his wife. His counsel also is present. The third respondent has not been served. The 4th respondent is personally present. His counsel is present. 3. The learned Government Pleader submits that after the last date of posting, i.e. 23-10-2009, the police were able to trace the alleged detenue on 31-10-2009 from Tiruppur, Tamil Nadu. She was produced before the learned Magistrate on 1-11-2009. As the petitioner and his wife were not present before court on that day, the minor child was accommodated at Mahila Mandiram, Chambakkara, Ernakulam from where the police have produced the alleged detenue before court today. The learned WPCrl.420/2009 3 Government Pleader submits that the third respondent has been remanded to custody as he was arrayed as an accused in the case registered by the police. 4. As the alleged detenue comes from the custody of the police and was traced earlier from the custody of the third respondent, we permitted the alleged detenue to remain in the chamber with opportunity for no one to influence her. After allowing her to so remain in the Chamber for more than three hours, we interacted with her in the Chamber. She stated before us that she is willing to return along with her parents. But she wanted this Court to take note that she had gone with the third respondent on her own and that he had not in any way influenced her to go with him. She prays that the innocent third respondent may be released from custody and she may be permitted to interact with him. He is not present before court and that request cannot now be granted. 5. We interacted initially with the alleged detenue. Thereafter, we interacted with her in the presence of the WPCrl.420/2009 4 petitioner and his wife. The petitioner and his wife submit to the court that even earlier that there was an occasion when the alleged detenue went away and was found missing from her house and it was in these circumstances that she was admitted in a convent. It was from the convent that she was found missing from 23-9-2009. They submit before court that they are willing to take their daughter along with them provided the detenue undertakes that she will lead a disciplined life in their parental custody. We permitted the alleged detenue and her parents to interact and come out with specific proposals about the residence of the alleged detenue hereafter. 6. The petitioner and his wife Leelamma George undertake before the court that the alleged detenue shall not be given away in marriage to anyone till she attains the age of 18 years. They further undertake that after the age of 18 years she will not be given away in marriage to anyone without her consent. The alleged detenue accepts these undertakings and agrees to leave the court along with her parents- the petitioner and his wife. WPCrl.420/2009 5 7. The alleged detenue is a minor, admittedly - she having been born on 18-9-1992. She has to be in the custody of her parents and we are happy to note that she now agrees and accepts the same. Her only demand is that she should not be given away marriage before she attains the age of 18 years which the petitioner and his wife cannot obviously do in accordance with law. Their undertaking that she will not be given away in marriage before she attains the age of 18 years and shall not be given away in marriage without her consent even after she attains the age of 18 years having already been accepted, the alleged detenue agrees to return along with her parents. 8. The learned counsel for the petitioner submits that they apprehended that there may be harassment and threats from respondents 3 and 4 to the petitioner and his wife and the alleged detenue. If there be any such contumacious and culpable conduct, the petitioner shall be at liberty to complain to the police and thereupon the police shall take necessary action. The WPCrl.420/2009 6 learned Government Pleader agrees that the concerned police officer shall take necessary action. 9. We are in these circumstances satisfied that this writ petition can be allowed as agreed. This writ petition is accordingly allowed. The alleged detenue who is present before court is permitted to leave along with the petitioner and his wife - her parents as agreed by her. The undertaking given by the petitioner and his wife is taken note of and recorded. 10. Handover copy of this judgment to the learned Government Pleader and the learned counsel for the petitioner. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. WPCrl.420/2009 7