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. 212 of 2008(S) --------------------------- PETITIONER: ------------------- SURESH.S.L., S/O.SIVADASAN, AGED 37, KAITHOTTUKONAM, CHANIKUZHI, MEKKAPUTHENVEEDU, ARALUMMOODU PO, BALARAMAPURAM. BY ADV. SMT.I.SHEELA DEVI RESPONDENTS: ---------------------- 1. SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION. 2. S.DEVADANAM, KAITHOTTUKONAM, CHALIYODU MELE PUTHENVEEDU, THALAL, BALARAMAPURAM P.O., THIRUVANANTHAPURAM DISTRICT. 3. MINI.D.I., D/O.S.DEVADANAM, AGED 32 YEARS, KAITHOTTUKONAM, CHALIYODU MELE PUTHENVEEDU, THALAL, BALARAMAPURAM P.O., THIRUVANANTHAPURAM DISTRICT. R1 BY GOVT.PLEADER SMT. M.K.PUSHPALATHA BY ADV. SRI.R.T.PRADEEP FOR R2-3 THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(Crl)NO.212 OF 2008 -------------------------------- Dated this the 8th day of July, 2008 JUDGMENT Raman,J. The allegation of the petitioner is that the 3rd respondent is illegally detained by her father, the 2nd respondent. Petitioner is stated to be a relative of the 3rd respondent. They are stated to be cousins. Petitioner's wife is died of cancer. Petitioner has a daughter through her and are living together. It is alleged that the 3rd respondent's husband is very cruel and used to ill-treat her. He is not a party to this proceedings. The 3rd respondent used to share her sorrows with the petitioner and intimacy developed and they decided to reside together. Prima facie, the custody of the 3rd respondent with her father in the absence of any material produced, cannot be said to be illegal. 2. In the circumstances, in order to instill confidence in the mind of the court, we asked the learned counsel whether the petitioner is prepared to take out a commission. It is submitted by the learned -2- WP(Crl).No.212/2008 counsel for the petitioner that he is not prepared to take out a commission. In the absence of any materials produced in the case to show that the 3rd respondent is under the illegal custody of her father, we find no merit in this writ petition. Accordingly the same is dismissed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.