High Court Kerala High Court

Jameela vs The Sub Inspector Of Police on 19 October, 2009

Kerala High Court
Jameela vs The Sub Inspector Of Police on 19 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(Crl.).No. 409 of 2009(S)


1. JAMEELA, D/O.AMINA AMMA,AGED 28 YEARS,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. KALAYAPURAM JOSE,SANKOTHAM,

                For Petitioner  :SRI.P.SREEKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :19/10/2009

 O R D E R
                 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