IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 133 of 2009(S)
1. SHANAVAS, S/O.SAMSUDEEN,
... Petitioner
Vs
1. THE SUPERINTENDENT OF POLICE,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. MAJIDA BEEVI, W/O.LATE SHAHUL HAMEED,
4. SHAMEER, S/O.LATE SHAHUL HAMEED,
For Petitioner :SRI.T.R.RAJAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.BHAVADASAN
Dated :03/04/2009
O R D E R
A. K. Basheer & P. Bhavadasan, JJ.
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W.P (Crl.) No. 133 of 2009
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Dated this the 3rd day of April, 2009.
Judgment
Basheer, J:
Ms.Shabnam, daughter of the petitioner is present in Court. She states
before us that she has come to the Court today along with her parents. It is
on record that Ms.Shabnam was traced out by the Police along with
respondent No.4 and produced before the Judicial Magistrate of First Class,
No.II, Kollam on March 25, 2009. The learned Magistrate, after recording
the statement of the detenue, had permitted her to go with her parents. It is
not in dispute that Ms.Shabnam was enticed away by respondent No.4 on
March 19, 2009 from her school. Respondent No.4 does not have a case
that he has got any kind of relationship, either marital or otherwise, with
the detenu. But he claims that he is in love with the detenu.
2. We have interacted with the detenu and her parents. We have also
spoken to respondent No.4. From our interaction with the detenu, we are
satisfied that she is too young a girl to comprehend the repercussions of her
act. She does not appear to be capable of taking her own decision about
her life or career. Her parents inform us that respondent No.4 had enticed
away their daughter by some unlawful means. Anyhow we do not propose
to deal with that aspect of the matter at this stage. The law should take its
own course.
3. In our view, the detenu has to be left in the care and custody of
her parents. We do so.
The Writ Petition is closed.
A.K. BASHEER
Judge
P. Bhavadasan
Judge
an.