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. 422 of 2009(S) --------------------------- PETITIONER: --------------- ABDUL AZEEZ, AGED 48 YEARS, S/O.KUNHALAVI, SOURIYAMPARAMBIL HOUSE, THALASSERY, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.RAJAN VELLOTH SRI.A.S.SABU SRI.PRATHAP PILLAI RESPONDENT(S): ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE CIRCLE INSPECTOR OF POLICE, CHELAKKARA, THRISSUR DISTRICT. 3. THE SUB INSPECTOR OF POLICE, CHERUTHURUTHY, THRISSUR DISTRICT. 4. SHAJU, S/O.DHARMARAJAN, NELLIKKAL VEEDU, THALASSERY P.O., THALAPPILLY TALUK, THRISSUR DISTRICT. 5. DHARMARAJAN, NELLIKKAL VEEDU, P.O. THALASSERY, THALAPPILLY TALUK, THRISSUR DISTRICT. BY GOVT.PLEADER SMT.SMITHA SUKUMAR FOR R1 TO R3 ADV. SRI.P.VIJAYA BHANU FOR R5 SMT.M.M.DEEPA FOR R5 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.422 OF 2009 ----------------------------------------------------- DATED THIS THE 2nd DAY OF NOVEMBER, 2009 J U D G M E N T Basant, J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his daughter Sajeena Mol, a young lass aged about 15 years, she having been born on 31.5.1994. The petitioner alleged that his minor daughter was being illegally detained by the 4th respondent in collusion with his father, the 5th respondent. 2. This petition was filed on 20.10.2009. It was admitted on 21.10.2009. This judgment must be read in continuation of our earlier order dated 26.10.2009. The police was directed to continue the investigation and take all necessary steps to ensure that the alleged detenue is produced before this Court on or before this day. 3. Today, when the case is called, the petitioner is present along with his wife. His counsel is also present. The alleged detenue Sajeena Mol has also come to Court along with her parents - i.e. the petitioner and his wife. W.P.(Crl.)No.422/09 -2- 4. The learned Government Pleader submitted that the police continued the investigation and were able to trace the alleged detenue on 28.10.2009 from Thiruvallur District in Tamil Nadu. She was produced before the Magistrate on 29.10.2009. The 4th respondent was taken into custody and was produced before the learned Magistrate. He has been remanded to custody on allegations of kidnapping, rape, etc. The learned Magistrate had allowed the alleged detenue to go with her parents. It is accordingly that the petitioner and his wife have come to this Court today along with the alleged detenue. 5. As the alleged detenue comes from the custody of the petitioner, we allowed her to remain in the Chamber without being influenced by anyone. We interacted with her later, after the lunch recess at our Chamber. She accepts that she does not want to have any further relationship with the 4th respondent and that she wants to return along with her parents. 6. We are satisfied that the alleged detenue, a minor child aged only 15 years must be permitted to continue with her parents. We are further satisfied that the alleged detenue now accepts that she is to be with her parents. In these circumstances, this petition can now be allowed and the petitioner who has, W.P.(Crl.)No.422/09 -3- subsequent to the filing of the petition, through the police and the Magistrate, been able to get the custody of the alleged detenue can be permitted to continue to keep her in his custody. The petitioner and his wife Sainaba undertake before Court that the alleged detenue shall not be given away in marriage to anyone before she attains the age of 18 years. They further undertake that after attainment of the aged of 18 years, she shall be given away in marriage only with her consent. Without her consent, she shall not be compelled to undergo any marriage, undertake the petitioner and his wife. 7. We are in these circumstances satisfied that this Writ Petition can be allowed in part accepting the undertaking of the petitioner and his wife. 8. This Writ Petition is accordingly allowed. The alleged detenue Sajeena Mol, daughter of the petitioner is permitted to leave the Court along with the petitioner and his wife - her parents. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn