IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(Crl.).No. 246 of 2011(S) --------------------------- PETITIONER(S): --------------------- MIRZA M.SHARAF, S/O SHARAFFUDEEN K.M., AGED 28 YEARS, MALIEKKAL HOUSE, ADIMALY P.O., IDUKKI DISTRICT NOW RESIDING AT 2A, AC VARSHA ANJUMANA, EDAPPALLY, KOCHI. BY ADV. SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, KOTTAYAM-686001. 2. THE CIRCLE INSPECTOR OF POLICE, CHANGANASSERY-686101. 3. THE SUB INSPECTOR OF POLICE, THRIKKODITHANAM-686105. 4. SALAUDEEN, AJI MANZIL, THRIKKODITHANAM P.O., ARANMALAKUNNU, CHANGANASSERY, KOTTAYAM DISTRICT-686105. R1 TO R3 BY GOVERNMENT PLEADER SHRI C.M. KAMMAPPU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(CRL).NO. 246 OF 2011 S ------------------------------------------ Dated this the 12th July, 2011 JUDGMENT K.M. Joseph, J. Petitioner is the husband of the alleged detenue, Smt. Nejiya. Allegation of illegal detention was made against the fourth respondent who is none other than the father of the alleged detenue. There is a child born in the marriage between the petitioner and the alleged detenue. We had passed interim orders including the Order dated 7.6.2011. By Order dated 31.5.2011 we had directed that the alleged detenue may go with the child and reside with the petitioner. Thereafter, the arrangement apparently continued and is still continuing, as is evident from our understanding on interacting with the petitioner and the alleged detenue. When they came today, the alleged detenue would say that she would like to continue to reside with the petitioner and WP(CRL).NO.246/2011 S 2 there are no problems as of now. The father of the alleged detenue would say that he may be permitted to contact with the alleged detenue. Petitioner has no objection in the father of the alleged detenue contacting his wife over phone. He would further say that he has no objection in the alleged detenue going to see her parents. Taking note of the stand of the parties, we close the Writ Petition. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. //True Copy// PS to Judge WP(CRL).NO.246/2011 S 3