IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 477 of 2010(S)
1. HAMZA, S/O.MOHAMMEDKUTTY, AGED 40 YEARS,
... Petitioner
Vs
1. SUPERINTENDENT OF POLICE, PALAKKAD - 1.
... Respondent
2. SUB INSEPCTOR OF POLICE, PATTAMBI
3. RATHEESH, S/O. MADHAVAN, KARATTIYIL
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent :SRI.P.VIJAYA BHANU (SR.)
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :14/12/2010
O R D E R
R.BASANT & K.SURENDRA MOHAN, JJ.
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W.P(Crl) No.477 of 2010
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Dated this the 14th day of December, 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 Rinshana, aged 16 = years (date of birth –
14.05.1994). She is a minor. She was studying for the Plus One
course. The petitioner was employed abroad. From 24.11.2010,
the alleged detenue has been missing. The petitioner
apprehended that his daughter, the alleged detenue Rinshana, is
being illegally detained by the 3rd respondent, a person of the
locality. Complaint was filed before the police. Crime was
registered; but the police did not succeed in tracing the alleged
detenue till 08.12.2010. It is, in these circumstances, that the
petitioner came to this Court with this petition on 08.12.2010.
2. The petition was admitted on 09.12.2010. Notice was
ordered to the respondents. The case was posted to this date.
3. Today when the case came up for hearing, the
petitioner is present. He is represented by his counsel. His wife,
the mother of the alleged detenue, has also come to Court. The
W.P(Crl) No.477 of 2010 2
3rd respondent has come to Court. He is represented by his
counsel. The alleged detenue has also been brought to Court.
4. The learned Government Pleader submits that the
alleged detenue and the 3rd respondent had appeared before the
police yesterday, ie. 13.12.2010. As this case stood posted to
this date, the learned Government Pleader had directed the
police to ensure that the alleged detenue is produced before
Court today without insisting on her production before the
learned Magistrate.
5. As the alleged detenue, a minor girl, had appeared
before the police along with the 3rd respondent and the police
have brought her to Court, we wanted the alleged detenue to
remain in the Chamber with no opportunity for the 3rd
respondent to influence her in any way. Her parents, ie. the
petitioner and his wife, her legal guardians, were however
permitted to interact with the alleged detenue during the pre
lunch session.
6. After the lunch recess, we interacted with the alleged
detenue alone initially and later in the presence of her parents.
Subsequently we interacted with her in the presence of the 3rd
respondent. The learned counsel for the petitioner, the learned
W.P(Crl) No.477 of 2010 3
counsel for the 3rd respondent and the learned Government
Pleader were also present.
7. The alleged detenue states before us categorically
that she wants to leave the Court along with her parents. She is
a minor girl, she having not crossed the age of 17 years. Her
parents are the persons entitled to legal custody of the alleged
detenue. As the alleged detenue also asserts that she wants to
leave with her parents, we are satisfied that her request can be
accepted and the alleged detenue can be permitted to leave the
Court along with her parents, ie. the petitioner and his wife.
8. Crime has already been registered. We find that the
alleged detenue has complaints against the petitioner. We are
satisfied that it is sufficient to direct the police to continue
proper investigation in the crime that has already been
registered. That crime has been registered as Crime 550 of
2010 of Pattambi Police Station. No further or specific
directions appear to be necessary. The learned Government
Pleader submits that the investigation has proceeded and the
alleged detenue has already been examined by a medical officer.
9. We are satisfied that this Writ Petition can now be
allowed and appropriate orders passed.
W.P(Crl) No.477 of 2010 4
10. In the result:
a) This Writ Petition is allowed;
b) The alleged detenue Rinshana, aged 16 = years (date
of birth – 14.05.1994) is permitted to leave Court along with the
petitioner and his wife, ie. her parents;
c) We record the submission of the learned Government
Pleader that the police shall be continuing with the investigation
and shall take all necessary steps in accordance with law.
(R.BASANT, JUDGE)
(K.SURENDRA MOHAN, JUDGE)
rtr/