IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(Crl.).No. 16 of 2009(S) -------------------------- PETITIONER: --------------- MARY SEBASTIAN, AGED 52 YEARS, HEAD NURSE, GOVT. MAHARAJAS HOSPITAL, KARUVELIPPADY, NOW RESIDING AT THAZHISSERY HOUSE, CHULLICKAL, COCHIN-5. BY ADV. SMT.A.R.USHA SMT.HELAN EARNEST RESPONDENTS: --------------- 1. JOSE.K.J., AGED ABOUT 48 YEARS, KOLLASERIYIL HOUSE, CHALAPPARAMBU, VAIKKOM. 2. MEDICAL SUPERINTENDENT, S.H.HOSPITAL, PAINKULAM. 3. THE CIRCLE INSPECTOR OF POLICE, VAIKKOM POLICE STATION. ADV. SRI.BABU KARUKAPADATH FOR R1 SMT.M.A.VAHEEDA BABU FOR R1 SRI.JAGAN GEORGE FOR R1 SRI.K.A.NOUSHAD FOR R1 SRI.P.G.PRAMOD FOR R1 SRI.P.M.NATESAN FOR R1 SRI.MATHEW JOHN (K) FOR R2 SRI.AJEESH K.SASI FOR R2 PUBLIC PROSECUTOR SRI. JAI GEORGE THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE COMPLAINT FILED BEFORE VANITHA COMMISSION. EXT.P2 COPY OF THE RECEIPT ISSUED BY THE VANITHA COMMISSION. EXT.P3 COPY OF RECEIPT ISSUED BY R3. RESPONDENTS' EXHIBITS: EXT.R2(A) COPY OF THE REPORT DTD 22.12.08. EXT.R2(B) COPY OF THE MEDICAL CERTIFICATE. /TRUE COPY/ cl A.K.BASHEER & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl)No.16 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of February, 2009 JUDGMENT Basheer, J: Mrs. Kathrena Jose, the alleged detenu is present in court. She stated before us that she has come to the court today with her elder sister - Smt. Mary Sebastian, the petitioner. 2. We have been informed that Mrs. Kathrena Jose was examined by a psychiatrist attached to the Co-operative Medical College Hospital, Kalamassery on February 09, 2009. The doctor had reportedly prescribed some medicine for complaints of stiffness on one side of her body. Mrs. Kathrena Jose stated before us that after taking the medicine, she feels much better. Petitioner also informed us that her sister is happily living with her. To our specific query as to whether she wanted to go with her husband, Mrs. Kathrena Jose asserted that she does not intend to go with him; but would rather prefer to live with her elder sister, the petitioner. 3. In the above facts and circumstances, the writ petition is closed recording the above statement made by Mrs. Kathrena Jose. 4. Sri. Babu Karukapadath, learned counsel for respondent No.1 submits that the certificates and other papers belonging to Mrs. Kathrena Jose would be handed over to the 2 W.P.(Crl.)No.16/09 learned counsel for the petitioner, if they are available with respondent No.1. The order dated January 30, 2009, shall form part of this judgment. (A.K.BASHEER, JUDGE) (P. BHAVADASAN, JUDGE) cl 3 W.P.(Crl.)No.16/09 A.K.BASHEER & THOMAS P. JOSEPH, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl)No.16 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January, 2009 O R D E R Basheer, J: Smt. Kathrena, sister of the petitioner, has appeared along with Sr.Regi, a nurse and Mr. Shinto, the Public Relations Officer attached to Sacred Heart Hospital, Painkulam, as directed by this Court. Petitioner, who had gone to the hospital to bring her sister as permitted by this Court, states before us, that if this Court so directs, she is prepared to take Smt. Kathrena along with her to her residence at Ernakulam. She is now working as a Head Nurse in Government Hospital, Karuvelippadi at Kochi. 2. We have interacted with Smt. Kathrena at length. To each and every question put by us, Smt. Kathrena has given answers clearly and categorically. She stated before us that she was admitted in Sacred Heart Hospital at Painkulam on December 22, 2008 by her husband. According to Smt. Kathrena, her husband had kicked her on the back in the morning on that day and thereafter she was taken to the hospital by her husband and brother Raju Sebastian. Smt. Kathrena asserts that she was not given any treatment for any 4 W.P.(Crl.)No.16/09 kind of pain on the area where she was kicked, but instead, she was admitted in the above hospital where only psychiatric patients are treated. She also stated before us that she was given some injection which resulted in allergic reactions like stiffness in the limbs. Thereafter she was put on a tablet initially once a day. Later it was increased as two per day. She further stated that the said medicine is being continued till today. 3. Anyhow, we do not propose to deal with that aspect of the matter at this stage. In the course of our interaction, Smt. Kathrena stated before us that she wants to go and stay with her sister. She further stated that she does not want to go to the hospital or with her husband. We are satisfied from our interaction with Smt. Kathrena that she is a lady capable of taking her own decisions. Therefore, we allow Smt. Kathrena to go with the petitioner and reside with her. 4. Petitioner informed us that her sister will be given what ever treatment is required at one of the hospitals in Ernakulam. She stated that if the doctors so advise, she will be admitted in the hospital also. The above submission is recorded. Petitioner shall inform the husband of Smt. Kathrena, respondent No.1, about the hospital where she is admitted. Petitioner shall not cause any obstruction if respondent No.1 wants to meet Smt. Kathrena provided she would like to do so. Call for further orders on February 18, 2009. 5 W.P.(Crl.)No.16/09 (A.K.BASHEER, JUDGE) (THOMAS P. JOSEPH, JUDGE) cl 6 W.P.(Crl.)No.16/09