IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 262 of 2008(S)
1. MANOJ KUMAR, AGED 39 YEARS,
... Petitioner
Vs
1. SUPERINTENDENT OF POLICE,
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
3. SUB INSPECTOR OF POLICE, PATHANAMTHITTA
4. RAMACHANDRAN NAIR, S/O.LATE GOPALA KURUP
5. MARIYAMMA, W/O.RAMACHANDRAN NAIR,
6. MANESH, S/O.SAHADEVAN, DEEPTHI GARDEN,
For Petitioner :SRI.VINOY VARGHESE KALLUMOOTTILL
For Respondent :SRI.G.UNNIKRISHNON
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :05/08/2008
O R D E R
P.R.RAMAN &
T.R.RAMACHANDRAN NAIR,JJ.
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W.P.(Crl)NO.262 OF 2008
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Dated this the 5th day of August,2008
JUDGMENT
Raman,J.
Petitioner alleges that his wife and child are under the illegal
custody of her parents and seeks to produce the corpus of the
alleged detenue and child and to release them free.
2. Pursuant to the notice issued, the alleged detenue (wife of
the petitioner) is present. We have interacted with her and she
stated that because of the cruel treatment meted out by her husband,
she is leaving away. She is now at Madras and educating the child
with full support from her parents. The girl child was also
produced before us. We have interacted with the girl child and she
stated that she is studying in Vth standard in a nearby school at
Madras. Learned counsel appearing for respondents 4 and 5,
parents of the alleged detenue, also produced a certificate issued by
the Headmistress of St. Thomas Nursery and Primary School,
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WP(Crl).No.262/2008
Tambaram East, Chennai to the effect that Haripriya, daughter of
the petitioner is residing at Gandhi Nagar, Tambaram East, Chennai
along with her mother and she is a bona fide student of the School.
A complaint said to have lodged by the petitioner’s wife to the
Officer-in-charge of the Military Corps of INT & School, Pune is
also produced to show that as against the illegal treatment meted
out by her husband, she had made a complaint to the Higher Officer
of the petitioner. In the facts and circumstances of the case, we find
that there is no illegal custody as alleged in the writ petition.
Writ Petition is dismissed.
P.R.RAMAN,
Judge.
T.R.RAMACHANDRAN NAIR,
Judge.
kcv.
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