IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA, 1930 WP(Crl.).No. 6 of 2009(S) ------------------------- PETITIONER(S): ---------------------- 1. MRS.JANAKI,AGED 71 YEARS, W/O. KADUTHA, PULICKAN VEEDU, PAINGARAPPILLY P.O. MULAMTHURUTHY VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 2. MR.KADUTHA, AGED 74 YEARS, S/O.AYYAPPAN, PULICKAN VEEDU, PAINGARAPPILLY P.O. MULAMTHURUTHY VILLAGE, KANAYANNUR THALUK.ERNAKULAM DISTRICT. BY ADV. SRI.V.EAPEN MATHAI SMT.A.R.USHA SMT.HELAN EARNEST SRI.M.E.VETTATH RESPONDENT(S): -------------------------- 1. THE SECRETARY, HOME DEPARTMENT, KERALA STATE, TRIVANDRUM. 2. THE D.G.P. OF KERALA STATE, POLICE HEAD QUATERS, TRIVANDRUM. 3. THE S.P.RURAL, ALUVA. 4. S.I. OF POLICE, MULAMTHURUTHY. 5. SHYLAJA, AGED 30 YEARS, D/O.KARNAN, THEKKEPARAMBIL, KULAYATTIKARA, KANJIRAMATTOM, ERNAKULAM DISTRICT. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. BASHEER & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = W.P (CRL.) No.6 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 9th day of January, 2009 J U D G M E N T ---------------------- Basheer, J. Petitioners allege that their 13 year old grand son, Vishnu Prasad, is in illegal custody of respondent No.5, mother of the minor, and her paramour. According to the petitioners respondent No.5 and her paramour are allegedly making attempts to sell their minor grand son to somebody from Tamil Nadu. It is alleged by the petitioners that they had received an anonymous letter informing them about the above attempt. They received the letter on December 16, 2008 and on the next day they preferred Exhibit P2 complaint before the Sub Inspector of Police, Mulamthuruthy. The grievance of the petitioners is that no action is being taken by the police. 2. When the Writ Petition came up for consideration before us on 6.1.2009, we directed the learned Government Pleader to get instruction from the Station House Officer, Mulamthuruthy Police Station. It is submitted by the learned Government Pleader that the allegations made in the Writ Petition are totally incorrect. Police had W.P(CRL.) No.6 of 2009 -: 2 :- questioned the minor child and also Shri Reji, the alleged paramour of respondent No.5. In his statement the minor child has stated that he is living happily with his mother and Reji who has married respondent No.5 about 1½ years back. Shri Reji in his statement has stated that he had married respondent No.5 about 1½ years back and in the wedlock with respondent No.5 a child was also born. It is further stated by him that he is working as a helper in M/s.PCM Books Edappally and the minor Vishnu Prasad is residing with him since respondent No.5 is now residing in the house of her in-laws after delivery of the child. It is also revealed from the statements given by the minor and Reji, husband of respondent No.5, that respondent No.5 is employed in the High Court as a Peon. 3. We have carefully perused the averments in the Writ Petition and also considered the statements given by the alleged detenu and Shri Reji, who is stated to have married respondent No.5. Having regard to the entire facts and circumstances of the case, we are satisfied that no direction is to be issued in this Writ Petition and it is only to be closed. However, it will be open to the petitioners to visit W.P(CRL.) No.6 of 2009 -: 3 :- their grand son if they desire so, after informing respondent No.5 and her husband, Reji, about the same. With the above observations, Writ Petition is closed. A.K. BASHEER, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv