IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(Crl.).No. 92 of 2009(S) -------------------------- PETITIONER(S): --------------- 1. PORINCHU, AGED 55 YEARS, S/O.ANTONY, THADIKKARAN HOUSE, VENGINISSERY VILLAGE, PARALAM P.O., THRISSUR. 2. REETHA, AGED 52 YEARS, W/O.PORINCHU, THADIKKARAN HOUSE, VENGINISSERY VILLAGE, PARALAM P.O., THRISSUR. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, THRISSUR. 4. THE SUB INSPECTOR OF POLICE, CHERPU POLICE STATION, CHERPU, THRISSUR. 5. THE SUB INSPECTOR OF POLICE, ATHOLY POLICE STATION, ATHOLY, KOZHIKODE. 6. RENJITH R., S/O.RAVINDRAN, VAZHAYIL HOUSE, MODAKALLUR P.O., KOOMULLY, NEAR VAYANASHALA, ATHOLY, KOZHIKODE. 7. RAVINDRAN, VAZHAYIL HOUSE, MODAKALLUR P.O., KOOMULLY, NEAR VAYANASHALA, ATHOLY, KOZHIKODE. 8. LEELA, W/O.RAVINDRAN, VAZHAYIL HOUSE, MODAKALLUR P.O., KOOMULLY, NEAR VAYANASHALA, ATHOLY, KOZHIKODE. ADV. SRI.P.S.SREEDHARAN PILLAI FOR R7,8 SMT.C.G.PREETHA FOR R7,8 SRI.ANEISH RAVINDRA FOR R7,8 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.92 of 2009 ---------------------------------------- Dated this the 26th day of May 2009 J U D G M E N T BASANT,J Stella, the daughter of the petitioners, is present before court. The petitioners have been permitted to interact with her for the past about 2 ½ hours. The learned counsel for the petitioners submits that the petitioners do not, now, need or require any further directions in this writ petition. The alleged detenu, Stella states before us that she is not under illegal confinement or custody of anyone and that she wants to return from the court along with the 6th respondent, her husband. 2. We are satisfied, in these circumstances, that no further directions are necessary in this writ petition. This writ petition is accordingly dismissed as agreed. The alleged detenu, Stella is permitted to leave the court along with the 6th respondent herein, as desired by her. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr W.P.(Crl).No.92/09 2 It is submitted by the learned Government Pleader and the learned counsel for respondents 7 and 8 that Stella, daughter of the petitioner, who is allegedly missing and was allegedly detained has now been traced by the police and was produced before the learned Magistrate. It is further submitted that the learned Magistrate, after recording the statement of the said Stella and on being satisfied that she is legally married to the 6th respondent, has dropped further action. The learned counsel for the petitioners submits that the petitioners have no knowledge W.P.(Crl).No.92/09 3 about the production of their daughter before the learned Magistrate and they may be given an opportunity to see their daughter and confirm that she is not in illegal detention. The learned counsel for respondents 7 and 8 submits that it shall be ensured that the 6th respondent along with his wife, the said Stella, shall appear before this court on the next date of posting and they have no objection against the petitioners interacting with the said Stella. Submissions are accepted. Call this petition again on 26/5/2009 for appearance of the 6th respondent and the said Stella and for final disposal. Petitioners can appear on that day. They shall be an given opportunity to interact with their daughter, the said Stella. W.P.(Crl).No.92/09 4 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009