IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 468 of 2009(S)
1. MATHEW PAPPAN, AGED 59, S/O.MATHEW
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE
... Respondent
2. THE SUPERINTEND OF POLICE,
3. THE INSPECTOR GENERAL OF POLICE
4. THANKANADAR SURESH, VATTIYAR VILLA,
For Petitioner :SRI.ABRAHAM VAKKANAL (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :20/11/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P(Crl.) No.468 of 2009
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Dated this the 20th day of November, 2009
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 daughter, an adult married woman, aged 24 years with a
child aged 4 years. According to the petitioner, her daughter,
the alleged detenue Gini, was married and was living with her
husband. A child now aged 4 years was born in that wedlock.
The alleged detenue Gini had returned to the parental home for
rest as she had suffered an abortion. She was found missing
from 27.10.2009. Her whereabouts could not be traced. In
these circumstances, the husband of the alleged detenue Gini
filed a complaint before the Ramankeri Police Station and a
crime was registered as Crime No.245 of 2009. Enquiry
revealed that the alleged detenue Gini may have gone with the
4th respondent herein who was a Tamil worker working in the
locality near the house of the petitioner. The petitioner
apprehended that the 4th respondent may have taken away his
W.P(Crl.) No.468 of 2009 2
daughter Gini, the alleged detenu. To the shock of the
petitioner, another daughter of his received a telephone call
from the alleged detenue Gini who informed her that she was
with the 4th respondent and she badly wanted to return to her
parental home. It was at this juncture that the petitioner in
sheer helplessness rushed to this Court with this petition.
2. This petition was filed on 13.11.09. It was admitted
on the same day. Notice was ordered to the respondents. The
case was posted to this date.
3. Today when the case is called, the petitioner is
present. The 4th respondent is present. The police have
procured the presence of Gini , the alleged detenue, and has
produced her before this Court. It is stated that the police had
to go to Chennai in their attempt to trace the alleged detenue
and the 4th respondent. Accordingly the 4th respondent has also
appeared before this Court.
4. As the alleged detenue comes from the custody of the
4th respondent, we wanted to give her time to reflect, introspect
and give us her voluntary and genuine response. We felt that it
is necessary to permit her to remain in the Chamber without
being influenced by anyone before we ascertain her response.
W.P(Crl.) No.468 of 2009 3
Accordingly she was permitted to remain in the Chamber for a
period of about 3 hours. The petitioner, the father of the alleged
detenue, was permitted to interact with her in the meantime.
5. After lunch recess, we interacted with the alleged
detenue in the Chamber. Initially we interacted with her alone.
Later, we interacted with her in the presence of the petitioner
and the 4th respondent.
6. The alleged detenue states before us categorically
that it was a mistake on her part to have gone with the 4th
respondent. She now does not want to continue with the 4th
respondent. She wants to return along with the petitioner
herein, her father. The 4th respondent who is personally present
and is not represented by any counsel states that if the alleged
detenue wants to go along with her father, the petitioner, he has
absolutely no objection against the same. The alleged detenue
also informs us that it is true that she had informed her sister,
and the petitioner through such sister, that she wants to return
to her parental home while she was residing with the 4th
respondent.
7. We are, in these circumstances, satisfied that this
Writ Petition can be allowed and the alleged detenue can be
W.P(Crl.) No.468 of 2009 4
permitted to leave the Court along with her father, the petitioner
herein, as desired by her. No other directions are necessary.
We are informed that a crime has been registered and the police
is investigating into the crime. Needless to say, the law must
take its course and the police must ensure that proper
investigation is conducted in the crime.
8. With the above observations, this Writ Petition is
allowed. The alleged detenue Gini who is produced before the
Court is permitted to leave the Court along with her father, the
petitioner, as desired by her.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/-