IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WP(Crl.).No. 106 of 2008(S) --------------------------- PETITIONER: ------------ KANNAN.B., S/O.R.BALAKRISHNAN, ANJILIVELIL, KARUVATTU P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT, ALAPPUZHA. 3. CIRCLE INSPECTOR OF POLICE, HARIPPAD POLICE STATION, HARIPPAD. 4. SUB-INSPECTOR OF POLICE, HARIPPAD POLICE STATION, HARIPPAD. 5. AJAY, S/O.VASUDEVAN NAIR, KALAPPURAKKAL KIZHAKKETHIL VEEDU, KARUVATTA P.O., ALAPPUZHA DISTRICT. 6. VINAYAKUMARI, W/O.VASUDEVAN NAIR, KALAPPURAKKAL KIZHAKKETHIL VEEDU, KARUVATTA P.O., ALAPPUZHA DISTRICT. R1 TO R4 BY GOVT.PLEDER SRI C.M.KAMMAPPU R5 & R6 BY ADV. SRI.C.JAYACHANDRAN SRI.S.M.ALTHAF THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL).No.106/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE TRANSFER CERTIFICATE ISSUED FROM THE MARIA MONTESSORI CENTRAL SCHOOL TO SARANYA. EXT.P2 TRUE COPY OF THE FIR IN CRIME NO.145/2008 OF HARIPPAD POLICE STATION DTD. 18/3/2008. P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- W.P.(Crl)NO.106 OF 2008 -------------------------------- Dated this the 3rd day of April, 2008 JUDGMENT Raman, J. Petitioner is the father of one Saranya, the alleged detenue. It is stated that she is aged only 17 years and is studying for Plus Two Course in the N.S.S. Higher Secondary School, Karuvatta. Ext.P1 is the transfer certificate issued by the Maria Montessory Central School. As per the register maintained in the school,. the date of birth of the alleged detenue is 25/12/1990, in which case the alleged detenue is still a minor. A case of kidnapping the minor girl registered as Crime No.145/2008 is already pending. It is alleged that the girl was kidnapped by the 5th respondent, Ajay, who was released on anticipatory bail as per order dated 31/3/2008 of this Court. In such circumstances, it will not be proper to decide as to what is the age of the alleged detenue. However, going by the certificate now produced, she is a minor. The girl was produced by the 6th respondent, the mother of the 5th respondent. We have interacted with the alleged detenue, the petitioner herein (father of the alleged detenue), his wife as also the 6th respondent. The girl is not willing to go with her parents. At the same time, the 6th respondent undertakes to take care of the alleged detenue. The father of the 5th respondent who is presently employed in Bombay, had come to Kerala on knowing about the incident, with whom we have interacted and he stated that he is -2- WP(Crl).No.106/2008 prepared to conduct the marriage of the alleged detenue with the 5th respondent, who is now an M.B.A. student in a College at Thiruvananthapuram. It is stated that in his house there is none-else than the 6th respondent and therefore the 6th respondent will take care of the girl, until the marriage is performed. Since going by the certificate, she become the age of 18 years in December, to avert any future problems, it is suggested that the marriage be deferred till then. Petitioner is agreeable to the above course. 2. In the circumstances, we have passed the following order: The 6th respondent is given the custody of the alleged detenue and she will act as her guardian. She will execute an undertaking to produce the girl as and when required by the court, before the Judicial First Class Magistrate's Court, Harippad, where the kidnapping case is pending. This undertaking shall be given on or before 7/4/2008. We also direct that in case the alleged detenue wants to continue her studies, necessary arrangement will have to be made by the 6th respondent in this regard, as the girl is only studying for Plus Two Course. Writ petition is disposed of with the above direction. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv.