IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl) No. 130 of 2007(S)
1. THOMAS, AGED 54 YEARS,
... Petitioner
Vs
1. KAVIRAJ, AGED 28 YEARS,
... Respondent
2. CHANDRIKA, WIFE OF VIJAYAN,
3. STATION HOUSE OFFICER,
4. DISTRICT SUPERINTENDENT OF POLICE,
For Petitioner :SRI.V.L.SHENOY
For Respondent :SRI.N.NAGARESH
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MRS. Justice K.HEMA
Dated :08/06/2007
O R D E R
P.R.RAMAN & K.HEMA, JJ.
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W.P.(Crl).NO.130 OF 2007
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Dated this the 8th day of June,2007
JUDGMENT
Raman,J.
Petitioner is the father of Lisie Thomas, who is aged 20 years.
Petitioner was an employee of a Company at Cherthala. It is alleged that his
daughter is illegally detained by respondents 1 and 2. Though it is alleged
that the alleged detenu is seriously suffering from mental depression, no
materials are produced in support thereof. However, since it is alleged that
the girl is in the illegal custody of respondents 1 and 2, a direction was
issued by this Court to produce the girl. Girl appeared before us.
Respondents 1 and 2 also appeared. We inter acted with the girl and we
understand that she is not in the illegal custody and is a free person. She is
also in an advance stage of pregnancy. We are also told that she is
regularly taken for medical check-up every month by her mother-in-law,
who is stated to be working in the Government Hospital. Though the
petitioner would submit that he wanted to take his daughter for delivery,
that is not a matter within the purview of a habeas corpus writ jurisdiction.
So long as the petitioner’s daughter is not in the illegal custody of anybody
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W.P.(Crl).NO.130/2007
and is a free person capable of taking decision, we close this matter, as no
further proceedings are necessary and the girl is set free.
P.R.RAMAN,
Judge.
K.HEMA,
Judge.
kcv.