IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 24TH APRIL 2009 / 4TH VAISAKHA 1931 WP(Crl.).No. 153 of 2009(S) --------------------------- PETITIONER(S): --------------- V.SHAHUL HAMEED,ADVOCATE,PEERU VEEDU, PETTAH,PATHANAMTHITTA,PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.RAVEENDRAN RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 2. THE SUPERINTENDENT OF POLICE,KOLLAM. 3. THE CIRCLE INSPECTOR OF POLICE, PATHANAMTHITTA. 4. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA. 5. SANJAY, S/O.SHAMSUDDIN,PULLIYIL PUTHEN VEEDU,NEAR EDAKKULANGARA RAILWAY STATION, KARUNAGAPPALLY TALUK. GOVERNMENT PLEADER SRI.T.K.VIPINDAS ADV. SRI.A.N.RAJAN BABU FOR R5 SRI.P.GOPALAKRISHNAN (MVA) FOR R5 SRI.A.R.EASWAR LAL FOR R5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 24/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN & P.N.RAVINDRAN, JJ. ------------------------------------ W.P(Crl). No.153 of 2009-S ------------------------------------- Dated this the 24th day of April, 2009 JUDGMENT MOHANAN, J. The petitioner herein, the father of one Fasila - the detenu in this case, approached this Court stating that his daughter is kidnapped by the 5th respondent and detained her illegally. 2. When this Writ Petition came up for consideration, this Court issued notice to the respondent, consequent to which the 5th respondent and the detenu appeared before this Court. We had interaction with the detenu who is now at the age of 19 years and she told us that she is not under the custody of anybody and she is residing along with the 5th respondent according to her own will. 3. The learned Government Pleader on instructions submitted that the detenu was produced before the Judicial Magistrate of the First Class, Adoor, wherein her statement was recorded by the learned Magistrate and the said statement is made available for our perusal. On a reading of the statement, it is seen that the detenu deposed before the court below that she had gone along with the 5th respondent according to her own will. W.P(Crl). No.153 of 2009 2 4. During the course of hearing of this Writ Petition, the learned counsel for the petitioner seeks our permission for the petitioner to have a talk with the detenu, which we allowed and the matter again taken after some time. The detenu on further interrogation stated before us that she is not under the custody of anybody including the 5th respondent and she wants to go along with the 5th respondent and thus she stick on her earlier stand. In the light of the above facts and circumstances, we are of the view that the detenu is not under the custody of anybody and no further orders are necessary and accordingly this Writ Petition is closed. (V.K.MOHANAN, JUDGE) (P.N.RAVINDRAN, JUDGE) rtr/-