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 18TH JANUARY 2010 / 28TH POUSHA 1931 WP(Crl.).No. 501 of 2009(S) --------------------------- PETITIONER(S): --------------- RAKESH SADANANDAN, S/O. LATE. K.R.SADANANDAN, KUROOTIPARAMBIL HOUSE, P.O.KAIPAMANGALAM THRISSUR DIST. (NOW RESIDING AT SREE VIJAYAN HOUSE, P.O.VADAKKUMBAD, PINARAYI THALASSERRY, KANNUR DIST.) BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. SHEELA MANI, W/O.POYIL KALLAN MANI, AGED 45 YEARS, HOUSE WIFE INDEEVARAM HOUSE P.O.CHONADAM, THALASSERRY, KANNUR DIST. 2. VELAYUDHAN, AGED 35 YEARS, FATHERS NAME NOT KNOWN TO THE PETITIONER DRIVER-CUM-GUARD C/O. INDEEVARM HOUSE P.O.CHONADAM, THALASSERRY, KANNUR DIST. 3. BINDHIYA MANI, D/O. POYIL KALLAN MANI, AGED 27 YEARS, INDEEVARAM HOUS, P.O.CHONADAM, THALASSERRY, KANNUR DIST. (DELETED)* 4. SUB INSPECTOR OF POLICE, THALASSERRY, KANNUR DIST. 5. CIRCLE INSPECTOR OF POLICE, THALASSERRY, KANNUR DIST. 6. SUPERINTENDENT OF POLICE, KANNUR. * R3 IS DELETED FROM THE ARRAY OF PARTIES AS PER THE ORDER DATED 26/11/09 IN WP(CRI)NO. 501/09. RESPONDENTS 4, 5 AND 6 ARE REARRANGED AS RESPONDENTS 3, 4 AND 5 AS PER ORDER DATED 26/11/09 IN WP(CRI) NO.501/09. BY G.P. SRI. K.J. MOHAMMED ANSAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 501 of 2009-S ------------------------------------------------- Dated this the 18th day of January, 2010 JUDGMENT Basant,J. The petitioner is present. He is represented by his counsel. Respondent No.1 and the father of the alleged detenue are present. They are represented by their counsel. Along with respondents, the alleged detenue is also present before this Court. 2. We have given sufficient time to the alleged detenue to take a decision and convey her response to us. Today, we ascertained her response in open Court. She stated before us that she is not under any detention or confinement. We specifically asked her to convey her decision as to the person with whom she wants to return from Court. She initially stated that she wants time to bring about a settlement between the petitioner on the one hand and her parents on the other. We W.P.(Cri) No. 501 of 2009 -: 2 :- reminded her that the jurisdiction of ours in the petition for issue of a writ of habeas corpus cannot now be further postponed. We have given her enough time to contemplate, take a decision and convey that to us. To our pointed query, she states that today she would like to return from Court along with her parents. 3. We are now satisfied that the alleged detenue is not under any illegal detention or confinement. We have taken sympathy with the inability of the alleged detenue to take a decision and her request made to us to somehow bring about a settlement between the petitioner and her parents. We are convinced that it is not possible for the petitioner and the parents of the alleged detenue to settle their disputes and agree on a common course. The alleged detenue appears to be incapable of taking firm decisions. In these circumstances, we are left with no other alternative remedy; but to dismiss this petition holding that the alleged detenue is not under any illegal confinement or detention. Respecting her wishes, we shall permit her to return from Court along with her parents. 4. In the result: (a) This writ petition is dismissed. (b) The alleged detenue Ms. Bindhiya Mani, who has come W.P.(Cri) No. 501 of 2009 -: 3 :- to this Court along with her parents today, is permitted to return from Court along with her parents as desired by her. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge