IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(Crl.).No. 339 of 2009(S) --------------------------- PETITIONER: --------------- KUNHAMINA.M.T.P., W/O.LATE MUSTAFA, MANAKKAD THEKKEPURA, KOROM, CHALOKODE P.O., PAYYANNUR (VIA), KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENT(S): --------------- 1. JAISON P.J., PUTHENVELIKKAL HOUSE, MAMAN COMPLEX, KUNNAMPURAM, ERNAKULAM DISTRICT. 2. THE SUPERINTENDENT OF POLICE (RURAL), ERNAKULAM. 3. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. ADV.SRI.P.A.MUJEEB FOR R1 GOVT.PLEADER SHRI K.J.MOHAMMED ANZAR FOR R2 & R3 SRI.E.C.POULOSE FOR DETENUE SRI.BOBBY RAPHEAL C. FOR DETENUE THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.339 OF 2009 ----------------------------------------------------- DATED THIS THE 1st DAY OF OCTOBER, 2009 J U D G M E N T Basant, J. This judgment must be read in continuation of the earlier orders dated 27.8.2009 and 10.9.2009. 2. Today, when the case is called, petitioner is present along with her counsel. The alleged detenue has been produced before Court. She is represented by a counsel Ms.Bobby Rapheal. It is submitted at the Bar that the alleged detenue now wants to go along with the petitioner herein. Proceedings are pending before the learned Magistrate wherein it is represented that the alleged detenue has psychiatric and psychological disturbances. 3. We are of the opinion that it is not necessary for us to go into all those disputed facts. We take note of the submission of the alleged detenue who is represented by a counsel that she now wants to go with her mother, the petitioner herein. The petitioner herein undertakes that the necessary medical attention and aid shall be given to the alleged detenue while she W.P.(Crl.)No.339/09 -2- is with her. It is brought to the notice of the Court that proceedings are pending before the Judicial First Class Magistrate's Court-I, Aluva and that proceedings has been initiated by the alleged detenue against the first respondent and his father. 4. This Writ Petition is in these circumstances allowed. The alleged detenue is permitted to leave the Court along with the petitioner herein, as desired by her. We make it clear that this order shall not fetter the rights of all the parties to pursue legal reliefs to which they are entitled before other Court. We make note that, Fahad - the child of the alleged detenue in an earlier marriage of hers is also available with the detenue when she leaves the Court with the petitioner. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn W.P.(Crl.)No.339/09 -3- R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.339 OF 2009 ----------------------------------------------------- DATED THIS THE 10TH DAY OF SEPTEMBER, 2009 O R D E R Basant, J. This petition is filed by the petitioner alleging that her daughter M.T.P.Faleela who was married and was separated from her husband has been missing from February, 2009. It was the apprehension of the petitioner that her daughter and child are detained by the first respondent at Ernakulam. It is in these circumstances that she filed this petition on 20.8.2009. 2. The petition was admitted on 21.8.2009. Notice was ordered to the respondents. When the case came up for hearing on 27.8.2009, the learned Government Pleader submitted that the alleged detenue and the first respondent had not been traced. The case was posted to 9.9.2009. On 9.9.2009, on the representation of the learned Government Pleader that the alleged detenue and the first respondent have not been traced, the case was posted to 30.9.2009 with further directions. This order must be read in continuation of the earlier orders dated 27.8.2009 and 9.9.2009. W.P.(Crl.)No.339/09 -4- 3. Though the case was posted to 30.9.2009, the learned Government Pleader represented in open Court today that the case may be called today. The petitioner and her counsel are present. The first respondent has entered appearance through a counsel. The alleged detenue has been brought to Court by the police. 4. We have interacted with the petitioner, the first respondent and the alleged detenue in the Chamber individually and jointly. Their counsel as also the learned Government Pleader were present. 5. The alleged detenue and the first respondent submit that they are legally married under the Special Marriage Act. Their marriage was solemnised on 20.1.2009 before the Marriage Officer for Aluva. They are living as husband and wife, it is submitted. Their marriage certificate shown to us reveals the name of the first respondent as Joies P.J. 6. The petitioner submits that there cannot be a valid marriage between the alleged detenue and the first respondent as she is already married and proceedings are pending before the Family Court, between the alleged detenue and her husband. It is pending as M.C.No.254/07 before the Family Court, Kannur, it is W.P.(Crl.)No.339/09 -5- reported. In these circumstances, no worth or value can be attached to the certificate issued by the Marriage Officer, submits the learned counsel for the petitioner. 7. The learned counsel for the petitioner further submits and it is the very case of the petitioner that M.T.P.Faleela suffers from psychiatric ailment and she deserves treatment. It is the case of the petitioner that the first respondent is misleading the psychiatrically ill alleged detenue Faleela and making use of her for immoral and illegal purposes. According to the petitioner, the first respondent is involved in flesh trade and he is already an accused at least in one case under the Immoral Traffic(Prevention)Act. The relevant FIR has been produced as Exhibit P3. The learned counsel for the petitioner submits that the police may be directed to resort to due course in accordance with law and the alleged detenue may be directed to be produced before the Magistrate having jurisdiction. Police may be directed to do the needful to get the alleged detenue psychiatrically evaluated to ascertain whether she is of sound disposition, it is submitted. 8. In our interactions with M.T.P.Faleela, we also feet that she has to be psychiatrically evaluated. The first respondent in the W.P.(Crl.)No.339/09 -6- course of his submissions before us also accepts that M.T.P.Faleela is under psychiatric treatment. She is being attended to by one Dr.Kuruvila, Psychiatrist of the Kusumagiri Hospital, Kakkanad, he submits. Copies of a relevant medical document is produced along with the petition. 9. Having considered all the relevant aspects, we are persuaded to feel that the police must be directed to deal with the alleged detenue in accordance with law. The case deserves to be investigated further. The grievance of the mother that the alleged detenue is psychiatrically ill and deserves to be evaluated medically does appear to be reasonable. We need in these circumstances only direct the police to complete the action initiated by them and produce the alleged detenue in accordance with law before the Magistrate concerned. A complaint has been registered under section 347 and 498 IPC on 9.9.2009. The learned Government Pleader submits that the police shall be taking appropriate and necessary action in the matter. 10. We are in these circumstances of the opinion that the police can be permitted to continue necessary action in Crime No.2351/09 of Aluva Police Station and deal with the matter in W.P.(Crl.)No.339/09 -7- accordance with law. The alleged detenue must be produced before the Magistrate having jurisdiction. She has to be psychiatrically evaluated. The learned Magistrate shall be at liberty to pass appropriate further orders in the matter. 11. Call this petition again on 30.9.2009 itself as originally scheduled. Parties and the alleged detenue shall appear before this Court on 30.9.2009. In the meantime, the police shall report the action taken in the matter. We make it clear that the jurisdiction of the Magistrate to deal with the matter in accordance with law shall remain unfettered by the orders passed by us. 12. Hand over copy of this order straightaway to the learned Government Pleader. 13. This order passed in the Chamber at 3.10 p.m. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn W.P.(Crl.)No.339/09 -8- .R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.339 OF 2009 ----------------------------------------------------- DATED THIS THE 27th DAY OF AUGUST, 2009 O R D E R Basant, J. The grievance of the petitioner is that her daughter M.T.P.Faleela, who was married and who was separated from her husband, has been missing from February, 2008. The petitioner apprehends that her daughter and the child are detained by the first respondent at Ernakulam. It is in these circumstances that she came to this Court with this petition on 20.8.2009. 2. This Writ Petition was admitted on 21.8.2009. Notice was issued to the respondents. The learned Government Pleader on behalf of respondents 2 and 3 prays for time to take instructions. The first respondent is not served yet. The petitioner and her counsel are present. 3. The learned Government Pleader points out that no crime has been registered in respect of the alleged disappearance of the daughter of the petitioner. The police shall ascertain W.P.(Crl.)No.339/09 -9- details and try to trace the petitioner's daughter and the child, submits the learned Government Pleader. In the meantime, it shall be open to the petitioner to lodge a complaint before the police at Ernakulam where her daughter is suspected to be detained illegally. Thereupon, appropriate crime shall be registered and investigation shall be conducted, submits the learned Government Pleader. 4. Call on 9.9.2009. In the meantime, respondents 2 and 3 shall make all efforts to trace the alleged detenue. 5. Handover copy to the counsel for the petitioner for production before the police officer having jurisdiction. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn