IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 270 of 2009(S)
1. THALLAJAM, W/O. SHAJI,
... Petitioner
Vs
1. THE DISTRICT SUPERINTENDENT OF POLICE,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. RENJITH RAJ, S/O. USHA,
4. USHA, W/O. RAJENDRAN,
For Petitioner :SRI.JOHNSON GOMEZ
For Respondent :SRI.SOORANAD S.SREEKUMAR
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :13/07/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P(Crl.) No.270 of 2009
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Dated this the 13th day of July, 2009
JUDGMENT
BASANT, J.
The petitioner, the mother of the alleged detenu Reshma Lal
aged 16 = years has come to this court with this petition for
issue of a writ of habeas corpus to search for, trace and produce
her daughter, the alleged detenu. According to the petitioner,
the alleged detenu is aged about 16 years – she having been born
on 10/12/1992. She was missing from 03/07/2009. The alleged
detenu was residing with the petitioner and her two other
children. The husband of the petitioner is employed abroad
(U.K). The petitioner apprehended that the alleged detenu is
under illegal detention/confinement of respondents 3 and 4 who
reside in the neighbourhood. A crime was registered by the
Kundara police station as crime No.682/09. The police were not
able to trace the alleged detenu and it is at this juncture that the
petitioner came to this court with this petition.
W.P.(Crl) No.270/09 2
2. This petition was filed on 08/07/2009. It was
admitted on 09/07/2009. Notice was ordered to the respondents
and the case was posted to this date. Today the petitioner is
present along with her counsel. The 4th respondent who is the
mother of the 3rd respondent is also present along with her
counsel. The alleged detenu has been traced by the police and
has been produced before this court. She has not been produced
earlier before any Magistrate. It is submitted that she was traced
only yesterday and hence the police have brought her directly to
this court as this case stood posted to this date.
3. We permitted the alleged detenu Reshma Lal to be in
the chamber. Permission was granted to the petitioner, the
mother of the alleged detenu, to interact with her. We interacted
with the alleged detenu after the post lunch session at the
chamber. The alleged detenu Reshma Lal states that she is aged
16 years, she having been born on 10/12/1992. According to
her, she was in love with the 3rd respondent and had gone away
with him on 03/07/2009. She was traced by the police only on
12/7/2009. In response to specific queries by this court, the
alleged detenu stated that she now wants to return with her
W.P.(Crl) No.270/09 3
mother, the petitioner herein.
4. We are satisfied that the petitioner is the person
entitled to keep custody of her minor child. We note that the
minor child – the alleged detenu, has also agreed to return to her
mother, the petitioner herein. The petitioner undertakes that the
minor shall not be given in marriage to anyone before she
completes the age of 18 years. The petitioner further undertakes
that the minor shall be permitted to continue her studies and that
her marriage shall be performed after she attains the age of 18
years, at the appropriate time only with the consent of the
alleged detenu. The learned Government Pleader submits that
the medical examination of the alleged detenu is already over
and that the police do not need the alleged detenu in their
custody for any purpose now. The 4th respondent, the mother of
the 3rd respondent, submits that the 3rd respondent had gone as
usual for his work about 10 days back and that she has no
information about the whereabouts of her son, the 3rd
respondent.
5. In any view of the matter, we are satisfied that the
alleged detenu, a minor girl aged 16 years has to be sent back
W.P.(Crl) No.270/09 4
from the court only along with the petitioner. The minor/alleged
detenu agrees to that course and we are satisfied that this writ
petition can in these circumstances be allowed and appropriate
directions can be issued.
6. In the result,
a) This writ petition is allowed.
b) The petitioner is permitted to take the alleged detenu -
her minor daughter Reshma Lal aged 16 years (date of birth :
10/12/1992) as agreed by her. The petitioner shall keep her
minor daughter in her care, custody and protection in accordance
with law.
7. The affidavit of the petitioner is received and kept in
the file.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
jsr