IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 88 of 2010(S)
1. SOONA JOSEPH, W/O.SAJI THOMAS, 34/1850,
... Petitioner
Vs
1. ALBERT.D, 'VISAKH', T.C. 11/66,
... Respondent
2. LALITHA B, 'VISAKH', T.C. 11/66,
3. THE CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.ANIL SIVARAMAN
For Respondent :SRI.SREEKANTH S.NAIR
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :09/06/2010
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P(Crl.) No.88 of 2010
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Dated this the 9th day of June, 2010
JUDGMENT
This judgment must be read in continuation of our earlier
orders resting with the order dated 25.05.2010.
2. Today when the case came up for hearing, the alleged
detenue has come to Court from Santhiniketan hostel, where she
is being accommodated. The petitioner is present. She is
represented by her counsel. Respondent Nos.1 and 2, the
parents of the alleged detenue, have come to Court. They are
represented by a counsel. The learned Government Pleader is
also present. We interacted with the alleged detenue in the
presence of her parents/respondent Nos.1 and 2. Counsel for
the petitioner, counsel for respondent Nos.1 and 2 and the
learned Government Pleader were present.
3. It is reported to us that the alleged detenue, an adult
major woman, aged 25 years (date of birth – 16.05.1985) has
secured employment with M/s.Brilliance College, Chittoor Road,
Kochi. It is submitted that she will be able to secure adequate
income from such employment to look after herself. She does
W.P(Crl.) No.88 of 2010 – 2 –
not want to continue residence at the Santhiniketan hostel. She
has secured admission in St.Teresa’s Mercy Home,
Kacherippady, Kochi, where she proposes to be accommodated
hereafter. Respondent Nos.1 and 2 want the alleged detenue to
go with them, but she is unwilling. The alleged detenue wants to
earn her income and stand on her own feet. She requests that
respondent Nos.1 and 2 may be directed not to visit her or
disturb her at her place of work. She has no objections against
respondent Nos.1 and 2 visiting her at St.Teresa’s Mercy Home
once in a week in accordance with the rules of the hostel.
4. The alleged detenue as well as respondent Nos.1 and
2 agree and accept that they have no grievance against each
other and shall not indulge in any conduct to vex or harass the
other.
5. It is agreed and accepted that all the personal
belongings, certificates etc. of the alleged detenue have been
handed over by respondent Nos.1 and 2 to her, their daughter.
6. This Writ Petition is, in these circumstances, allowed
in part. The alleged detenue is permitted to leave the Court as a
free individual, accepting her preference to get employed in
W.P(Crl.) No.88 of 2010 – 3 –
Brilliance College, Kochi and reside in St.Teresa’s Mercy Home,
Kochi.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/
R.BASANT & M.C.HARI RANI, JJ.
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W.P(Crl.) No.88 of 2010
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Dated this the 17th day of May, 2010
ORDER
The alleged detenue is not brought to Court today. It is
submitted at the Bar that she attends an educational course,
which is expected to be completed today. That is the reason why
she has not been brought to Court today, it is submitted.
2. Both sides pray that the matter may be called
tomorrow (18.05.2010).
3. The alleged detenue shall be brought to Court
tomorrow. The petitioner as well as the party respondents shall
appear in Court tomorrow.
4. Call on 18.05.2010at 1.45 p.m in the Chamber.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/