IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3732 of 2007()
1. RAMAR, M.G.R.NAGAR, KARUMARI AMMAN COIL
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.G.SUDHEER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :17/01/2008
O R D E R
V. RAMKUMAR , J.
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CRL.M.C. No.3732 of 2007
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Dated this the 17th day of January, 2008.
ORDER
In this petition filed under Section 482 Cr.P.C, the petitioner who
was the 1st applicant in C.M.P. No. 5504/2007 on the file of the Judicial
First Class Magistrate-II, Nedumangadu, challenges the order dated
24.08.2007 passed by the said Magistrate declining the release of an
eight year old female child by name Devi Ammal.
2. According to the petitioner, himself and the 2nd applicant in
C.M.P. No. 5504/2007 before the court below are the parents of the
said minor child and the child as well as one Maniamma, a relative of
the petitioner, were taken into custody by the Nedimangadu police
from the premises of the K.S.R.T.C bus stand, Nedumangadu where
they were waiting for the bus. Annexure B is the family card issued by
the Civil Supplies and Consumer Protection Development, Tamilnadu.
Annexure C is the true English translation of Annexure B family card.
Annexure D is the identity card of the petitioner issued by the Election
Commission of India. Annexure E is the photograph of the minor child
Devi Ammal in the company of the petitioner, his wife Ammini and
their other children. According to the petitioner, the Magistrate did not
conduct a proper enquiry before passing Annexure 1 order.
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3. Going by the report of the court below, the following facts
emerge:-
The eight year old minor female child by name Devi Ammal was
found along with one Maniamma in the premises of the K.S.R.T.C bus
stand, Nedumangadu and the Nedumangadu police took them into
custody and registered crime No. 255/2007 for an offence punishable
under Section 24(1) of the Juvenile Justice (Care and Protection of
Children) Act, 2000. The case was subsequently registered as S.T.No.
1186/2007 before the Judicial First Class Magistrate-II, Nedumangadu.
The accused (Maniamma) in the case pleaded guilty and hence was
sentenced to simple imprisonment for two months and to pay a fine of
Rs.1000/- for the conviction and in default of payment she was
directed to undergo simple imprisonment for 30 days as per judgment
dated 10.05.2007. The child found in the custody of the accused was
however sent to the Missionaries of Charity Home, Kunnukuzhy,
Thiruvananthapuram on 29.03.2007 as it was felt that the child was in
need of care and protection. It was thereafter that on 18.07.2007 the
petitioner herein and another lady filed C.M.P.No. 5504/2007 before
the court below seeking release of the minor child. Even though the
learned Magistrate has declined the request for release of the minor
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child, in the light of the decision of this Court reported in 2002(1) KLT
525 –Parvathy vs. The Superintendent, Corporation Relief
Centre, the SHO, Nedumangadu has been directed to conduct an
investigation into the whereabouts of the petitioners and the bona
fides of their claim and to file a detailed report regarding the same. As
and when the Magistrate receives a report from the S.H.O,
Nedumangadu, he will be passing appropriate orders according to law
taking into account the materials produced by the S.H.O and also the
materials if any produced by the petitioner and the second applicant in
C.M.P. No. 5504/2007. It is needless to mention that the learned
Magistrate shall pass final orders expeditiously and at any rate within
one month of receipt of a copy of this order so that in case the order
to be passed is adverse to the petitioner, they can resort to other
appropriate remedies.
This Crl. M.C is disposed of as above.
V. RAMKUMAR, JUDGE.
rv
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