IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(Crl.).No. 246 of 2009(S) --------------------------- PETITIONER(S): --------------- N.DANAM, AGED 49 YEARS, S/O. NESSAN, S.S.VILLA, KARMMODU, VELLARADA.P.O., TRIVANDRUM. BY ADV. SRI.KILLIYOOR P.GOPALAKRISHNAN NAIR RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE, KERALA STATE, TRIVANDRUM. 2. THE SUB INSPECTOR OF POLICE, VELLARADA POLICE STATION, TRIVANDRUM. 3. ANIL KUMAR, S/O. YOHANNAN, MYLAKUNNU ROADARIKATHU VEEDU, VELLARADA.P.O., TRIVANDRUM. 4. YOHANNAN, MYLAKUNNU ROADARIKATHU VEEDU, VELLARADA.P.O., TRIVANDRUM. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.246 of 2009 ------------------------------------- Dated this the 13th day of July, 2009 JUDGMENT BASANT, J. The petitioner has come to this court with this petition for issue of a writ of habeas corpus to search for, trace and produce his daughter Sheelu aged 16 years who was allegedly missing from the night of 13/5/2009. A crime was registered as crime No.145/09 under the caption 'woman missing' at Vellarada police station. The petitioner came to this court with this petition on 26/6/2009 alleging that his daughter has not been traced and a proper investigation has not been conducted. The case was admitted on 29/6/2009. It came up for hearing on 06/07/2009. The police were directed to complete the investigation and trace the girl by this date. Accordingly, the case was posted to this date. 2. Today, when the case came up for hearing, the learned Government Pleader submits that the police is producing the alleged detenu, minor girl Sheelu. We permitted the minor girl to remain in the Chamber without interaction with anyone W.P.(Crl)No.246/09 2 except her father and mother. We interacted with her in the Chamber after 1.45 p.m. The alleged detenu confirms that she is aged above 16 years, she having been born on 18/4/1993. Of course, there is a dispute as to whether the date of birth is 18/4/1993 or 18/3/1993. That dispute is not of much relevance as, at any rate, the girl is only aged more than 16 years; but less than 17 years. The alleged detenu submits that she wants to go with the 3rd respondent whose real name is Bipin John, S/o.Yohannan and not Anilkumar as shown in the cause title. The learned Government Pleader reports that the 3rd respondent as well as his father 4th respondent have been arrested. The 4th respondent has already been released on bail whereas the 3rd respondent is now in custody. 3. The alleged detenu is a minor girl aged 16 years. We are satisfied that such a girl must be sent along with her father, the petitioner herein, her lawful guardian. Though she expresses her desire that she may be allowed to go with the 3rd respondent, that request cannot obviously be accepted. The alleged detenu must be under the care, protection and custody of her father, the petitioner herein. The mother of the alleged detenu is also present in court. W.P.(Crl)No.246/09 3 4. The alleged detenu expresses an apprehension that the petitioner and his wife - the parents of the alleged detenu may compel her to get married before she attains the age of 18 years. This, they cannot do under law. In response to our specific query, the petitioner and his wife, the parents of the alleged detenu submit that they shall not give the alleged detenu in marriage to anyone prior to 18/4/2011 and that after she crosses the age of 18 years, her marriage shall not be performed without the complete consent and willingness of the alleged detenu. They agreed and the petitioner has filed an affidavit to that effect in court. That affidavit is accepted. 5. This writ petition is, in these circumstances, allowed. The undertaking of the petitioner in the affidavit is accepted. The alleged detenu is entrusted to the custody of the petitioner and the alleged detenu is allowed to leave the court along with the petitioner and his wife. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr W.P.(Crl)No.246/09 4