Thomas Pappachan @ Biju vs The Circle Inspector Of Police on 29 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(Crl) No. 22 of 2008(S)


1. THOMAS PAPPACHAN @ BIJU, S/O.PAPPACHAN
                      ...  Petitioner

                        Vs



1. THE CIRCLE INSPECTOR OF POLICE,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

3. SALY BOBAN, MANKARA HOUSE,

                For Petitioner  :SRI.LATHEESH SEBASTIAN

                For Respondent  :SRI.P.SANTHALINGAM

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :29/01/2008

 O R D E R




                      P.R.RAMAN & V.K.MOHANAN, JJ.

                   -------------------------------

                           W.P.(Crl)NO.22 OF 2008

                  --------------------------------

                    Dated this the  29th  day of  January, 2008


                                       JUDGMENT

Raman, J.

Petitioner, who is the father of Alina Mary Thomas, the alleged

detenue, has filed this writ petition for issuance of a writ of habeas corpus

to produce the alleged detenue, aged 7 years before this Court. He alleges

that his child is under the illegal custody of the 3rd respondent, who is the

elder sister of his wife. By an interim order dated 21/1/2008 the custody of

the alleged detenu was temporarily given to the petitioner-father. The

petitioner-father is employed abroad and he has come to Kerala and has

filed this writ petition. During the pendency of this proceeding both the

parties have jointly filed a compromise petition (I.A.No.1174/2008) settling

out the terms under which the compromise is arrived at. Both the parties

pray that the compromise be recorded and orders passed in terms of the

compromise.

2. We have considered the terms of the compromise. Considering the

fact that the petitioner is the natural guardian of the minor girl and that the

his wife is no more, the terms of the compromise is found to be fair,

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W.P.(Crl.)22/2008

reasonable and hence accepted. Accordingly, the compromise is recorded.

The custody of the child is given to the petitioner-father. The passport

surrendered before this Court shall be returned to the petitioner through his

counsel, after obtaining proper receipt.

Writ Petition is disposed of in terms of the compromise. Compromise

Petition (I.A.No.1174/2008) shall be annexed with this judgment.

P.R.RAMAN,

Judge.

V.K.MOHANAN,

Judge.

kcv.