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 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(Crl.).No. 282 of 2011(S) ------------------------------------ PETITIONER(S): ---------------------- THRESSIAKUTTY,AGED 55,W/O.JOSE, AATHIRA, EAST PO, KIZHAKKEKARA,MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.T.P.PRADEEP SRI.S.SREEDEV RESPONDENT(S): ------------------------- 1. CIRCLE INSPECTOR OF POLICE,C.I. OFFICE, MUVATTUPUZHA,ERNAKULAM DISTRICT-686661. 2. SUB INSPECTOR OF POLICE,MUVATTUPUZHA POLICE STATION,ERNAKULAM DISTRICT-686661. 3. JOSE,AGED ABOUT 50,PUTHIYEDATHUKUNNEL HOUSE,AVOLY PO, AANIKKADU,MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT-686661. 4. SANTHA JOSE @ MARY,AGED ABOUT 46, W/O.JOSE,PUTHIYEDATHUKUNNEL HOUSE,AVOLY PO, AANIKKADU,MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT-686661. R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.C.M.KAMMAPPU. THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR NO.282 OF 2011: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE COMPLAINT SUBMITTED TO THE IST RESPONDENT DATED 4.6.2001. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(Crl.) No. 282 of 2011-S ---------------------------------------------- Dated, this the 21st day of June, 2011 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking a writ of Habeas Corpus for production of her daughter-in-law and grand daughter and to release them from the illegal custody of respondents 3 and 4 and their men. Protection is also sought to the life of the petitioner and the alleged detenues. 2. Briefly put, the case of the petitioner is as follows: Petitioner is a poor lady making her livelihood by stitching and household works. Her son is working in Dubai as Air Conditioner Mechanic. Respondents 3 and 4 are the parents of the petitioner's daughter-in-law. As the petitioner's son is working in Dubai and for the convenience of job, the detenues are staying with respondents 3 and 4. Petitioner used to visit them at the house of respondents 3 and 4 two to three times in a month. From 27.5.2011 the whereabouts of the detenues are not known to the petitioner's son and family. When the petitioner's son asked the 3rd respondent about the detenues, the 3rd respondent said that he WPCR 282/2011 -2- is not interested in continuing the relationship between his daughter and the petitioners son. He also said that he will not allow the petitioner's son even to see them. As the petitioner's son went to Dubai only in the last January he is unable to come down now and hence he entrusted the petitioner to enquire about the detenues. The detenues are under the illegal custody and detention of the 3rd respondent against their will and interest. 3. By order dated 16.6.2011, we had directed to conduct a discreet enquiry through a Woman Police Officer. Today, when the matter came up, the learned Government Pleader would point out that enquiry was conducted and it reveals that the daughter-in-law of the petitioner is working in Viswa Jyothi School at Adimaly and the minor child who is the alleged detenue is residing with her mother at Adimali. It is also submitted that the mother of the daughter-in-law of the petitioner is also residing with them. In our view, the petitioner has not been able to make out a case of illegal detention as such. No doubt, in the enquiry conducted the stand of the daughter-in-law of the petitioner would appear to be that there is no objection in the petitioner coming and WPCR 282/2011 -3- seeing the minor child on every second Saturday at the house of respondents 3 and 4. In the circumstance, we do not see any reason to keep this matter pending. Accordingly, the Writ Petition (Criminal) is closed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS