IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(Crl.).No. 132 of 2008(S) --------------------------- PETITIONER: ------------------- JOSE C.A., AGED 43 YEARS, S/O. LATE ANTONY, CHITTILAPPILLY HOUSE, MYTHRI APARTMENTS, MAIN ROAD, ALATHUR, PIN-678 541. BY ADV. SMT.JEENA JOSEPH SRI.G.D.PANICKER RESPONDENTS: ---------------------- 1. BINI JOSEPH, AGED 35 YEARS, D/O. JOSEPH, TEACHER, THANICKALCHEMMANATHU, KANDASSANKADAVU P.O., PIN-680 613, NORTH KARAMUKKU, THRISSUR DIST. 2. JOSEPH, S/O. DEVASSY, -DO- -DO- 3. BIJU, S/O. JOSEPH, -DO- -DO- 4. ANDREWS, S/O. DEVASSY, -DO- -DO- 5. S.I. OF POLICE, ANTHIKAD POLICE STATION, THRISSUR DIST., REP. BY GOVT. PLEADER, HIGH COURT OF KERALA. R5 BY GOVT.PLEADER SMT.M.K.PUSHPALATHA BY ADV. SRI.RAJU SEBASTIAN VADAKKEKKARA FOR R1,2 SRI.JOSE MATHEW (PALACHUVADU) FOR R1,2 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL).NO.132/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE PETITIONER ON L4/4./2008 AS CMP.NO.1450/08BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, ALATHUR. EXT.P2 TRUE PHOTOCOPY OF THE FIR NO.219./08 LEDGD BY THE SI OF POLICE, VADAKKANCHERRY. EXT.P3 TRUE COPY OF THE COMPLAINT DATED 29/2/2008 PREFERRED BY THE PETITIONER BEFORE THE DEPUTY SUPERINTENDENT OF POLICE. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(Crl)NO.132 OF 2008 -------------------------------- Dated this the 8th day of July, 2008 JUDGMENT Raman,J. The allegation that the children are in the illegal custody of the mother is not correct. It is after interacting with the parties that they have given such an indication. However, considering the relationship between the parties, we made an attempt to bring the parties together. Both the counsels were also co-operate in that regard. However, now it is represented that a possible solution could not be reached and therefore there is no point in keeping this matter pending. We find that there is no illegal custody as alleged in this writ petition. We close this writ petition leaving open the right of the petitioner to approach any appropriate forum, if he is so advised. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv. -2- WP(Crl).No.132/2008