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 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(Crl.).No. 409 of 2009(S) --------------------------- PETITIONER: ------------- JAMEELA, D/O.AMINA AMMA,AGED 28 YEARS, PERUMPULLIL THEKKETHIL,VENGA,SASTHAMCOTTAH, KOLLAM DISTRICT. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, SASTHAMCOTTAH POLICE STATION,KOLLAM. 2. KALAYAPURAM JOSE,SANKOTHAM, KOTTARAKKARA. BY GOVT.PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.409 OF 2009 ----------------------------------------------------- DATED THIS THE 19th DAY OF OCTOBER, 2009 J U D G M E N T Basant, J. The petitioner is present. The alleged detenue No.2, Laila is also present along with the petitioner. The 2nd respondent has not entered appearance. The note of the Registry shows that he has not been served and acknowledgment card is not returned. 2. The learned Government Pleader submits that enquiry by the police reveal that the three persons - the alleged detenues - Amina Umma, the mother of the petitioner, Shamsudeen, the brother of the petitioner and Laila, the sister of the petitioner, were all being looked after in an establishment run by the 2nd respondent by name 'Sanketham' where the helpless people and mentally retarded persons and others with disability are being taken care of. According to the police, there was no element of illegal detention or confinement. One Ummukulsu, the sister of the petitioner had expired and dead body of the said sister was retained in the house without burial by the three alleged detenues. The local people came to know of that and they intervened. It was revealed that all the three have some mental W.P.(Crl.)No.409/09 -2- aberration. Local people had informed the police also. Burial was conducted and the three alleged detenues were housed in the establishment of the 2nd respondent. It was not a case of illegal detention. It is only a case of protective care of the three alleged detenues. The petitioner has now offered to look after the alleged detenues. The mother of the petitioner as well as the sister of the petitioner have already been released to the custody of the petitioner. Shamsudeen, the brother of the petitioner continues to be in the institution run the 2nd respondent. His physical condition is such that he cannot travel to the Court. The 2nd respondent is willing to permit the said Shamsudeen to go with the petitioner, if the petitioner is willing to take him. The petitioner proposes to take him; but at the moment the physical health of the said Shamsudeen is such that he cannot be moved from the establishment of the 2nd respondent. 3. The mother of the petitioner - one of the alleged detenues, has already admitted to the District Hospital by the petitioner herein on 17.10.2009. Laila, the sister of the petitioner - another alleged detenue has been brought to Court by the petitioner today and Shamsudeen the 3rd alleged detenue W.P.(Crl.)No.409/09 -3- continues in 'Sanketham' run by the 2nd respondent. The learned counsel for the petitioner submits that the petitioner does not want to seek any further relief from this Court. In these circumstances, it is prayed that this petition may now be dismissed. 4. We accept the submissions of the learned counsel for the petitioner and the learned Government Pleader. Though the 2nd respondent has not so far entered appearance, we are satisfied that no further directions are necessary in this Writ Petition and this Writ Petition can be dismissed as requested by the learned counsel for the petitioner. 5. This Writ Petition is accordingly dismissed. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn