IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 WP(Crl.).No. 211 of 2011(S) -------------------------- PETITIONER(S): --------------- JOSEPH A., AGED 32 YEARS, S/O.LATE V.T.ANTONY, DAFADAR, NO.15468627 Y, HEAD QUARTERS SQUADRON, 62 CALVARY, APO 56, HAVING HIS PERMANENT RESIDENCE AT HOUSE NO.1012, NANDANPURA, BABINACANT, JHANSI DISTRICT, UTTARPRADESH-284401. BY ADV. SRI.S.GOPAKUMAR SMT.T.M.BINITHA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY (HOME), SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN - 695 001. 3. THE DEPUTY SUPERINTENDENT OF POLICE, KARUNAGAPALLY, KOLLAM, PIN - 690 538. 4. THE SUB INSPECTOR OF POLICE, THEKKUMBHAGOM POLICE STATION, CHAVARA SOUTH, KOLLAM, PIN - 690 538. 5. RAJAN THOMAS, AGED 65 YEARS, MUTTATH PUTHANVEEDU, ARINALLOOR P.O., KOLLAM, PIN-690538. 6. ISMINU RAJAN, AGED 26 YEARS, MUTTATH PUTHANVEEDU, ARINALLOOR P.O., KOLLAM, PIN-690538. MR.BENNY GERVACIS, PUBLIC PROSECUTOR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 06/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC & P.Q.BARKATH ALI, JJ. ---------------------------------- WP (Crl.) No.211 of 2011 --------------------------------- Dated, this the 6th day of May, 2011 J U D G M E N T Antony Dominic, J. This Writ Petition has been filed on the allegation that the petitioner's wife Smt.Smitha Joseph @ Smitha Rajan and his child are under illegal custody of respondents 5 & 6. By order dated 19/04/2011, this Court admitted the Writ Petition and issued notice to the respondents. Today, Smt.Smitha Joseph @ Smitha Rajan appeared before this Court accompanied by her brother and handed over a statement which is taken on file. Irrespective of the allegations made in the statement against the petitioner, in answer to our questions she has stated in clear terms that she is not under illegal confinement of the respondents or anybody else and that she is willingly residing with her father. In view of the statement so made by the alleged detenue, we find no substance in the Writ Petition. Therefore, the Writ Petition stands dismissed. If the petitioner has any other grievance, it is for WP(Crl.) No.211/2011 -2- him to work out the same before appropriate forum in accordance with law. Sd/- (ANTONY DOMINIC, JUDGE) Sd/- (P.Q.BARKATH ALI, JUDGE) jg //TRUE COPY// PA TO JUDGE.