IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(Crl.).No. 162 of 2011(S) ---------------------------------------------- PETITIONER(S): ---------------------- M. FAIZAL, AGED 56 YEARS, S/O. MOUDANNAM RAWTHER, AJESH BHAVAN, SOORANAD.P.O, CHAKKUVALLI, KOLLAM DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM P.O., THIRUVANANTHAPURAM - 695 001. 2. SUPERINTENDENT OF POLICE (RURAL), KOTTARAKKARA, KOLLAM - 691 506. 3. CIRCLE INSPECTOR OF POLICE, KARUNAGAPPALLY POLIE STATION, KARUNAGAPPALLY.P.O, KOLLAM - 690 518. 4. SUB INSPECTOR OF POLICE, KARUNAGAPPALLY.P.O, KOLLAM - 690 518. 5. DIRECTOR GENERAL OF POLICE (LAW & ORDER), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM P.O. 695 001. W.P.(CRL). NO.162 OF 2011 S 6. K. SANTHOSH KUMAR, SARASWATI VILASAM, ELAMANNUR P.O., ADOOR, PATHANAPURAM - 689 695. ADDL.7. RENJI, AGED 31 YEARS, W/O. SANTHOSH KUMAR, SARASWATI VILASAM, ELAMANNOOR, PATHANAMTHITTA DISTRICT - 689 645. (ADDL.R7 IS IMPLEADED AS PER ORDER DATED 7.4.2011 IN IA.NO.6690/11 IN W.P.(CRL).NO.162/2011). R1 TO R5 BY SR. GOVERNMENT PLEADER SHRI C.M. KAMMAPPU. ADV. SRI.KRISHNA PRASAD. S FOR R6 SRI.VINOD KUMAR.C FOR R7 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(CRL).NO.162 OF 2011 S PETITIONER'S EXHIBITS: EXT.PI COPY OF FIRST INFORMATION STATEMENT IN CRIME NO.668/11 OF KARUNAGAPPALLY POLICE STATION, KOLLAM. EXT.PII COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE (RURAL), KOTTARAKKARA. EXT.PIII COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. EXT.PIV COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE SOORANAD POLICE STATION DATED 16.3.2011. RESPONDENTS' EXHIBITS: EXT.R7(A), (B) & © COPY OF CERTIFICATES OF CHILDREN. // TRUE COPY// PS TO JUDGE K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(Crl).NO.162 OF 2011 S ------------------------------------------ Dated this the 15th June, 2011 JUDGMENT K.M. Joseph, J. Today, the alleged detenue, Ms. Aneesha is present. Petitioner is also present. We heard the learned counsel for the petitioner and the sixth respondent besides the learned senior Government Pleader. The alleged detenue today suggested the name of a hostel and she stated that she intends to reside in the Christian Hostel for Working Women, LMS Compound, Palayam, Thiruvananthapuram. Petitioner is not prepared for his daughter residing in the said hostel. Learned counsel for the petitioner further prays that the petitioner may be permitted to withdraw the Writ Petition. In such circumstances, we accept the plea of the petitioner and dismiss the Writ Petition as withdrawn. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, kbk. JUDGE //True copy// W.P.(Crl) 162/2011 2 K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(CRL).NO. 162 OF 2011 S ------------------------------------------ Dated this the 25th May, 2011 O R D E R K.M. Joseph, J. Today, the alleged detenue was produced. We interacted with her and also the parents. We also heard the learned counsel for the parties. 2. Today also, the alleged detenue is of the view that she does not want to go with her parents, though the parents are prepared to take her. She would say that she wants to try for a job. We direct the alleged detenue to continue to reside in the W.P.(Crl) 162/2011 3 hostel. 3. Today, the petitioner has handed over a sum of Rs.2,000/- to the alleged detenue, who acknowledged receipt of the same. The petitioner will continue to pay the hostel fees. We make it clear that it is open to the alleged detenue to apply for any job, which she considers to be suitable. All the other conditions in the earlier order will continue. The detenue will be accompanied by a woman Police Constable, not in uniform, to the hostel. 4. Post on 10.6.2011 at 1.30 p.m. in the Chambers. The alleged detenue will be produced before this Court on that day. She will be accompanied by a woman Police Constable, not in uniform. The petitioner offers to produce the certificates of educational qualifications of the alleged detenue, on the next date of posting. Hand over. Sd/- K.M. JOSEPH, JUDGE. W.P.(Crl) 162/2011 4 Sd/- M.L. JOSEPH FRANCIS, JUDGE. tgs (True copy)