IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(Crl.).No. 369 of 2008(S) --------------------------- PETITIONER: --------------- CHITHAMBRAN, S/O.KRISHNANKUTTY 61 YEARS, HARISREE BHAVAN, MUTHUKULAM SOUTH PO., KARTHIKAPPILLEE TALUK, ALAPPUZHA-680506. BY ADV. SMT.M.CHANDRALEKHA RESPONDENTS: ------------------ 1. SUB INSPECTOR OF POLICE, KANAKAKKUNNU POLICE STATION, VELANCHIRA. 2. CIRCLE INSPECTOR OF POLICE, KAYAMKULAM, KAYAMKULAM PO., 3. DY.S.P. OFFICE, KAYAMKULAM, KAYAMKULAM PO., ALAPPUZHA. 4. DISTRICT SUPERINTENDENT OF POLICE ALAPPUZHA DSP OFFICE, ALAPPUZHA. *ADDL.R5. MR. ANIL, S/O. EASWARAN, NALLASSERIL KIZHAKKETHIL, RAMAPURAM, KURICKAD P.O., ALAPPUZHA. (*ADDL. RESPONDENT NO. 5 IS IMPLEADED AS PER ORDER DATED 28.10.2008 ON I.A.NO.13537 OF 2008) BY GOVERNMENT PLEADER ADV. SHRI NOBLE MATHEW. ADDL.R5 BY ADV. SRI.K.R.SUNIL THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. .................................................. W.P. (Crl. )No. 369 OF 2008 ................................................... Dated this the 4th November, 2008 J U D G M E N T Kurian Joseph, J: The petitioner is present along with his daughter Chinmaya. The additional fifth respondent , who is alleged to have detained Chinmaya, is also present along with his mother and elder brother. We have also interacted with Smt. Karthika, the conciliator. She took strenuous efforts in interacting with the parties and helping the parties to take a mature decision. Chinmaya submits that she does not want to continue any friendship or relationship with the fifth respondent. It is submitted that she has taken this decision on her own free will after mature and serious consideration of the pros and cons of her decision. She has also requested Anil not to pursue the relationship or friendship with her and they should part as friends. Anil has returned the bangle taken from Chinmaya and Chinmaya has returned the gold and other things belonging to Anil kept with her. Anil shall return the dress or any other personal articles belonging to Chinmaya through the S.I. of Police, Kanakakunnu Police Station, Velanchira to W.P. (Crl. )No. 369 OF 2008 2 Chinmaya within two days. It is ascertained from the conciliator also that the decision taken by Chinmaya is on her own free will and not influenced by anybody else. We record our appreciation on the strenuous efforts taken by Smt. Karthika as a conciliator. In the above circumstances, the Writ Petition is disposed of permitting Chinmaya to continue to be with her parents. We direct the parties not to precipitate anything out of this case. They shall not interfere with the affairs of each other. In the unlikely event of the petitioner or his family facing any problem from the 5th respondent or other members of his family, it will be open to the petitioner to approach the second respondent and in which case, necessary protection will be given by the second respondent. KURIAN JOSEPH, JUDGE. K.T. SANKARAN, JUDGE. lk