IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 221 of 2010(S)
1. MADHU.G., S/O.GOPINATHAN,
... Petitioner
Vs
1. DIRECTOR GENERAL OF POLICE (LAW & ORDER)
... Respondent
2. SUPT. OF POLICE,
3. SUB INSPECTOR OF POLICE,
4. SAJAD, S/O.SULAIMAN, AGED 21 YEARS,
For Petitioner :SRI.C.B.SREEKUMAR
For Respondent :SRI.T.RAVIKUMAR
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :27/07/2010
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P(Crl.) No.221 of 2010
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Dated this the 27th day of July, 2010
JUDGMENT
BASANT, J.
The petitioner has come to this Court with this petition for
issue of a writ of habeas corpus to search for, trace and produce
his minor daughter Anu (date of birth – 17.05.1994). The
petitioner apprehended that she was under illegal confinement
or detention of the 4th respondent. But later the petitioner
realised that she was under the illegal confinement and
detention of the 5th respondent. The petition was subsequently
amended to delete the original 4th respondent from the array of
parties and to bring in the 5th respondent on the array of parties.
2. This petition was filed on 11.06.2010. It was admitted
on the same day. This judgment must be read in continuation of
our earlier orders passed in the matter resting with the order
dated 22.06.2010.
3. Today when the case is called, the petitioner and his
wife are present. The alleged detenue has come along with them
to Court. The petitioner is represented by his counsel.
Respondent No.5 has appeared before Court along with his
father. He is represented by a counsel.
W.P(Crl.) No.221 of 2010 2
4. We have interacted with the alleged detenue.
Subsequently we interacted with the petitioner and respondent
No.5. The learned counsel for the petitioner, the learned
counsel for respondent No.5 and the learned Government
Pleader were also present.
5. The alleged detenue and her parents now submit that
it is confirmed that she is not pregnant. The alleged detenue
offers to return along with her parents. She is aged only 16
years and we agree that the petitioner is now entitled to keep
custody of his minor daughter, the alleged detenue. It is
submitted that a joint affidavit has been filed by the petitioner
and his wife undertaking that the alleged detenue shall not be
given away in marriage before she attains the age of 18 years
and that even thereafter she shall not be compelled to marry
against her wishes. It is further submitted that certain articles
which were available with respondent No.5 have been returned
to the alleged detenue through police.
6. We are satisfied, in these circumstances, that no
further directions are necessary in this Writ Petition. This Writ
Petition can now be allowed.
W.P(Crl.) No.221 of 2010 3
7. In the result:
a) This Writ Petition is, in theses circumstances, allowed;
b) The alleged detenue minor Anu is permitted to leave
the Court along with her parents, ie. the petitioner and his wife,
as desired by her;
c) We accept the affidavit of undertaking filed by the
petitioner and his wife referred above.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/