IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(Crl.).No. 127 of 2011(S) --------------------------- PETITIONER: --------------------- CHINNAMMA, W/O.LATE PADMANABHAN, AGED 67, CHAKKANATTUVELIYIL, POST THOMATTUCHAL P.O., VADUVANCHAL, BATHERY TALUK. BY ADV. SRI.K.R.SUNIL SMT.REENA GOPINATH RESPONDENTS: ------------------------ 1. THE CIRCLE INSPECTOR OF POLICE, AMBALAVAYAL POLICE STATION, SULTHANBATHERI-673 592. 2. THE SUB INSPECTOR OF POLICE, AMBALAVAYAL POLICE STATION, SULTHANBATHERI-673592. 3. VINOD.N.P., AGED 35, FATHERS NAME NOT KNOWN, NELICKKAL HOUSE, THETTAMALA P.O., VELLA MUNDA VIA, PIN-670 731. (DETENU) (MANJU JOJO, W/O.JOJO, AGED 30). GOVERNMENT PLEADER, SHRI C M KAMAPPU FOR R1&2 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : A TRUE COPY OF THE COMPLAINT DT.1.2.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS : NIL // TRUE COPY// PA TO JUDGE K. M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No.127 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of June, 2011 JUDGMENT K.M. Joseph J., The petitioner has approached this Court seeking a writ of habeas corpus for the production of her daughter, Manju. The alleged detenue is married and her husband is working abroad. Allegation of detention is made against the third respondent. 2. We have passed interim orders and the alleged detenue has undergone consultation. Today the alleged detenue was present. She would say that she is agreeable in continuing the treatment and going with her mother/petitioner. 3. In such circumstances, we close the Writ Petition permitting the alleged detenue to go with her mother/petitioner. K.M.JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/ W.P.(Crl.) No. 127 of 2011 :2: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No. 127 of 2011 S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of April, 2011 ORDER Joseph J., This order must be read in continuation with the order dated 18.3.2011. Pursuant to the same the alleged detenue, her mother and her brother were present today. We also got a report from the Louise Mount Hospital, Wayanad. Therein, it is inter-alia stated that the alleged detenue requires treatment. 2. The alleged detenue would say that she was taken to the Doctor and the doctor took the view that she requires medication, which she can take at her home but her mother insisted that she should be admitted in the hospital. Going by the report, no doubt, that the alleged detenue requires treatment. It is for the doctor to decide the appropriate treatment to be given. We also make it clear that it is for the doctor to decide as to whether the alleged detenue W.P.(Crl.) No. 127 of 2011 :3: can have her treatment at the home or hospitalisation is essential. 3. In such circumstances, we order that it will be open to the Doctor to give medication, if found necessary and also to decide whether the alleged detenue can continue treatment at home or she requires hospitalisation. The alleged detenue will go with the petitioner and she agrees to go to the Doctor at Louise Mount Hospital, Wayanad. It is for the doctor to proceed for the treatment as aforesaid. The alleged detenue shall be produced before this Court on 24.5.2011 at 1.30 p.m. in the chamber. A woman police constable not in uniform shall visit the house and verify whether the alleged detenue has any complaints about the violation of the conditions of the order dated 18.3.2011 twice a week. 4. We request the doctor treating the alleged detenue to send a report about the condition of the alleged detenue. 5. Call at 1.30 p.m. in the chamber on 24.5.2011. The alleged detenue shall be produced before this Court at 1.30 p.m. on 24.5.2011. K.M. JOSEPH, (JUDGE) W.P.(Crl.) No. 127 of 2011 :4: M. L. JOSEPH FRANCIS, (JUDGE) dl/