IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(Crl.).No. 36 of 2009(S) -------------------------- PETITIONER: --------------- BINU VARGHESE VARIKOLIL PUTHENVEEDU VAZHUVADI THAZHAKKARA PO., MAVELIKARA. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY ITS HOME SECRETARY THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, S.P.OFFICE ALAPPUZHA. 3. CIRCLE INSPECTOR OF POLICE, CI. OFFICE, MAVELIKKARA. 4. S.I. OF POLICE, POLICE STATION, MAVELIKARA. 5. T.I.VARGHESE, THAYYIL HOUSE, EDANAD.P.O., PUTHENKAVU, CHENGANNUR. 6. T.I.BABU, DO.DO. 7. GRACEAMMA BABU, W/O.T.I.BABU, DO.DO. BY P.P.SRI. S.U. NAZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE PETITION DATED 8.1.09 SUBMITTED BY THE PETITIONER BEFORE R2. /TRUE COPY/ cl A.K.BASHEER & C.T. RAVIKUMAR, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl)No.36 OF 2009-S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February, 2009 JUDGMENT Basheer, J: Petitioner has filed this writ petition alleging that his mother Smt. Leelamma Varghese has been in illegal detention of respondent Nos. 5 to7. It is on record that the petitioner had been looking after his mother ever since she came back from Dubai where she was employed. But, according to the petitioner, on May 25, 2008, “respondents 5 to 7 and their associates had forcibly removed the petitioner's mother from his home against her wish to an undisclosed location and from that day onwards, the petitioner's mother is under the illegal detention of respondents 5 to 7”. It is further alleged in the writ petition that he had approached the Vicar of the local church and also had sought assistance of the police in tracing out his mother. 2. Smt. Leelamma Varghese is present in court. She submits that she has not been under any kind of illegal 2 WPCrl.NO.36/09 confinement or detention as alleged in the writ petition. According to her, she had been living with her brother and his family at Chengannur. She further asserts that all along she had been in the care and custody of her brother and his family. She further stated before us that she had gone to Chengannur on her own free will in an auto rickshaw. She had some tiff with her son at that time and because of that reason she had left his company. In the course of our interaction with Smt. Leelamma Varghese, she stated before us that she is now prepared to go with her son. The above submission is recorded. She is free to live with her son, if she chooses to do so. 3. Admittedly Smt. Leelamma Varghese had left the company of the petitioner in May, 2008. But, this writ petition has been filed in January, 2009 alleging that respondent Nos.5 to 7,who are none other than his uncles and aunt, had illegally detained his mother against her wish after removing her forcibly from his custody. Petitioner goes on to state further that his mother had been detained in an undisclosed location ever since May, 2008. The above allegations made in 3 WPCrl.NO.36/09 the writ petition are undoubtedly too far fetched and totally unbelievable, to say the least. In that view of the matter, we are satisfied that the petitioner has to be mulcted with costs. Petitioner shall pay Rs.1,000/= each to respondents 5 to 7, who shall be entitled to execute the order and recover the same from the petitioner, if he does not pay the same within one month from today. (A.K.BASHEER, JUDGE) (C.T. RAVIKUMAR, JUDGE). cl 4 WPCrl.NO.36/09