IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 29TH JANUARY, 2008 / 9TH MAGHA ,1929 WP(Crl.).No. 22 of 2008(S) ------------------------------- PETITIONER: ---------------- THOMAS PAPPACHAN @ BIJU, S/O.PAPPACHAN PUTHENPURACKAL, ELAPPARA, KOCHUKARINTHARUVI P.O. IDUKKI DIST. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: ------------------- 1. THE CIRCLE INSPECTOR OF POLICE, PEERMEDU POLICE STATION, IDUKKI DIST. 2. THE SUB INSPECTOR OF POLICE, PEERMEDU POLICE STATION, IDUKKI DISTRICT. 3. SALY BOBAN, MANKARA HOUSE, 57TH MILE, MANJUMALA P.O., PERIYAR VILLAGE, PEERMEDU TALUK, IDUKKI DISTRICT. BY ADV. SRI.P.SANTHALINGAM SRI.INNOCENT FRANCIS PAPALI SRI.RAJESH. K.RAJU R1 & R2 BY GOVT. PLEADER SRI.C.M.KAMMAPPU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WP(Crl) No. 22 OF 2008) PETITIONER'S EXHIBITS: Ext.P1: Copy of Birth Certificate. Ext.P2: Copy of the representation submitted before the 2 nd respondent by the petitioner on 2.1.2008. -True Copy- P.A.to Judge. P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- W.P.(Crl)NO.22 OF 2008 -------------------------------- Dated this the 29th day of January, 2008 JUDGMENT Raman, J. Petitioner, who is the father of Alina Mary Thomas, the alleged detenue, has filed this writ petition for issuance of a writ of habeas corpus to produce the alleged detenue, aged 7 years before this Court. He alleges that his child is under the illegal custody of the 3rd respondent, who is the elder sister of his wife. By an interim order dated 21/1/2008 the custody of the alleged detenu was temporarily given to the petitioner-father. The petitioner-father is employed abroad and he has come to Kerala and has filed this writ petition. During the pendency of this proceeding both the parties have jointly filed a compromise petition (I.A.No.1174/2008) settling out the terms under which the compromise is arrived at. Both the parties pray that the compromise be recorded and orders passed in terms of the compromise. 2. We have considered the terms of the compromise. Considering the fact that the petitioner is the natural guardian of the minor girl and that the his wife is no more, the terms of the compromise is found to be fair, -2- W.P.(Crl.)22/2008 reasonable and hence accepted. Accordingly, the compromise is recorded. The custody of the child is given to the petitioner-father. The passport surrendered before this Court shall be returned to the petitioner through his counsel, after obtaining proper receipt. Writ Petition is disposed of in terms of the compromise. Compromise Petition (I.A.No.1174/2008) shall be annexed with this judgment. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv.