IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 245 of 2009(S)
1. P.CHANDRAN,
... Petitioner
Vs
1. THE DISTRICT SUPERINTENDENT OF POLICE
... Respondent
2. THE SUB INSPECTOR OF POLICE
3. DINESH, S/O.GOPI
For Petitioner :SRI.K.SUBASH CHANDRA BOSE
For Respondent :SRI.VINOY VARGHESE KALLUMOOTTILL
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :06/07/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P(Crl.) No.245 of 2009
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Dated this the 6th day of July, 2009
JUDGMENT
BASANT, J.
Petitioner is present before Court. The 3rd respondent,
though served, is not present before Court. Counsel for the
petitioner is present. A counsel has entered appearance for the
alleged detenue. The petitioner had complained that his
daughter Smt.Saritha and her 6 months old son Adithyan, who
were living along with the detenue’s mother in law were missing
from the house of the mother in law.
2. We permitted the alleged detenue to remain in the
Chamber without interaction with anyone other than the
petitioner and his wife, ie. the mother of the alleged detenue. It
is informed that the alleged detenue Smt.Saritha is aged 25
years she having been born on 10.02.1984. It is further
submitted that after the registration of the crime under the
caption `woman missing’, she had appeared before the Sub
Divisional Magistrate and the Sub Divisional Magistrate, by
order dated 29.06.09 in M.C.No.34 of 2009, had set her at liberty
W.P(Crl.) No.245 of 2009 2
on being satisfied that she is not under detention or illegal
confinement of anyone.
3. After lunch, at the Chamber today at 1.45 p.m, we
ascertained the response of the alleged detenue. She states that
she was never under illegal confinement or detention by anyone
and that she had left the house of her mother in law on her own
free will. Asked as to where she would now like to go, she states
that she does not want to return to the house of her mother in
law. She would like to return along with the petitioner and his
wife, ie. her father and mother along with her child aged 6
months.
4. The petitioner submits that the petitioner is willing to
take the alleged detenue with him and that no further directions
are necessary in this Writ Petition as it is now evident that the
alleged detenue is not under confinement or detention by
anyone.
5. The counsel for the alleged detenue Advocate Binoy
Varghese Kallummoottil is permitted to file a vakalat on behalf of
the alleged detenue. We have heard him also.
6. This Writ Petition is, in these circumstances,
dismissed. True to her desire and wishes, we permit the
W.P(Crl.) No.245 of 2009 3
detenue Smt.Saritha, daughter of the petitioner, to leave the
Court along with the petitioner herein. She returns to the house
of the petitioner along with her child aged 6 months.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/-