IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 13691 of 2011(J) --------------------------------- PETITIONER(S): ------------------- SUMA, AGED 39 YEARS, W/O. JAYANANDA PRASAD, PUSHPALAYAM, THAVARAVILA DESOM, ARUVIPPURAM.P.O., NEYYATTINKARA VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.P.V.BIJUMON SMT.DIJI.K.DASAN RESPONDENT(S): --------------------- 1. SUPERINTENDENT OF POLICE(RURAL), THIRUVANANTHAPURAM - 695 001. 2. DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA - 695 121. 3. SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION, NEYYATTINKARA- 695 121. 4. SUBHASH, S/O. VISWAN, PATTAVILA VEEDU, NEYYATTINKARA.P.O., IRUMPIL DESOM, NEYYATTINKARA VILLAGE- 695 121.. 5. ABHILASH, S/O.VISWAN, PATTAVILA VEEDU, NEYYATTINKARA.P.O., IRUMPIL DESOM, NEYYATTINKARA VILLAGE- 695 121.. R1 TO R3 BY GOVT.PLEADER SMT.C.M.CHARISMA R4-5 BY ADVS. SRI.R.T.PRADEEP SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 13691/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE FIR IN CRIME NO.920/2011 P2: COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONERS DAUGHTER. P3: COPY OF THE REPRESENTATION DATED 16/05/2011. P3(a):COPY OF THE COPY RECEIPT. RESPONDENT'S EXHIBITS:NIL /TRUE COPY/ P.A. TO JUDGE. svs R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.13691 of 2011-J ***************************** Dated this the 26th day of May, 2011 JUDGMENT BASANT, J. Petitioner is the mother of a minor girl, by name Jincy (date of birth – 31.10.1993). This minor girl had allegedly gone away with the 4th respondent. A complaint was lodged and a crime was registered under the caption `woman missing'. The minor girl was traced. She being a minor, she has been sent along with her parents. Section of offence has been altered and the investigation is now pending against the 4th respondent for offences punishable, inter alia, under Section 376 I.P.C. 2. The petitioner now complains that she is not able to reside peacefully with her daughter. Respondents 4 and 5, brothers, are threatening the petitioner. The petitioner apprehends that further crimes may be committed. It is, in these circumstances, that she has come to this Court seeking police protection. She may be permitted to live peacefully along with her minor daughter without any threat from respondents 4 and 5. Appropriate directions may be issued to respondents 1 to 3, who, it is alleged, are guilty of inaction in the wake of the threat W.P(C) No.13691 of 2011-J 2 from respondents 4 and 5 against the petitioner. 3. Respondents 4 and 5 have entered appearance through a counsel. According to the counsel, the boot is on the other leg. The minor daughter of the petitioner was unable to stand torture in her parental home. She had hence contacted the mother of respondents 4 and 5 and there was absolutely no element of kidnapping in the escape of the girl from the custody of the petitioner. Respondents 4 and 5 are carefully avoiding the petitioner. The girl had asserted and it is submitted that there was an understanding that the marriage between the minor girl and the 4th respondent can be performed after she attains majority. Respondents 4 and 5 are actually apprehensive of threat to their life and person from the petitioner and her relatives. No directions under Article 226 of the Constitution as prayed for are hence liable to be issued, submits the counsel. 4. We turned to the learned Government Pleader for submissions. The learned Government Pleader submits that in the perception of the police officials, there is no threat to the life and peaceful residence of the petitioner. The minor girl is now residing with the petitioner and their peaceful residence together without any hindrance from respondents 4 and 5 shall W.P(C) No.13691 of 2011-J 3 be assured by the police. If the petitioner has any complaint, she shall be at liberty to apprise respondents 1 to 3 or anyone of them of such complaint and necessary and needful action shall be taken by them. 5. We have considered all the relevant inputs. We accept the submissions of the learned Government Pleader. We are satisfied, in these circumstances, that no further specific directions deserve to be issued. 6. Accepting the submissions of the learned Government Pleader, this Writ Petition is dismissed. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/