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High Court of KeralaWP(Crl.)/60/2015closed

Sheela v. State Of Kerala

2015-04-06Honourable Mr.Justice K.T.Sankaran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH MONDAY, THE 6TH DAY OF APRIL 2015/16TH CHAITHRA, 1937 WP(Crl.).No. 60 of 2015 (S) ---------------------------- PETITIONER(S):

--------------------- SHEELA, AGED 43 YEARS D/O. RAGHAVAN, KONNATHUVEEDU, EDAMAN P.O.

EDAMON VILLAGE, PUNALUR THALUK KOLLAM DISTRICT.

BY ADV. SRI.V.A.AJIVAS RESPONDENT(S):

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

1. THE STATE OF KERALA REPRESENTED BY ITS HOME SECRETARY SECRETARIATE, THIRUVANANTHAPURAM-695001.

2. THE CIRCLE INSPECTOR PUNALUR POLICE STATION, KOLLAM DISTRICT-691305.

3. BIJU, AGED 46 YEARS S/O. SOMAN, RESIDING AT CHARUVILA PUTHANVEEDU MOOTHIKAVU, PUNALUR, KOLLAM DISTRICT-691305.

4. BIJI, AGED 40 YEARS W/O ANIRUTHAN, RESIDING AT CHARUVILA PUTHENVEEDU MOOTHIKAVU, PUNALUR, KOLLAM DISTRICT-691305.

5. BINU, AGED 38 YEARS W/O.NAVAS, RESIDING AT CHARUVILA PUTHANVEEDU MOOTHIKAVU, PUNALUR, KOLLAM DISTRICT-691305.

R1-R2 BY ADV. ADDL.DIRECTOR GENERAL OF PROSECUTION SRI.K.I.ABDUL RASHEED THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 06-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(Crl.).No. 60 of 2015 (S) ---------------------------- APPENDIX PETITIONER'S EXHIBITS :

--------------------------------- EXHIBIT P1: TRUE COPY OF THE BIRTH CERTIFICATE OF PETITIONER'S SON. EXHIBIT P2: THE TRUE COPY OF THE COMPLAINT MADE BY PETITIONER BEFORE THE CIRCLE INSPECTOR, PUNALUR DATED 12.4.2006. EXHIBTI P3: THE TRUE PHOTO OF THE PETITIONER'S MISSING CHILD. EXHIBIT P4: THE TRUE COPY OF THE REPRESENTATION MADE BY PETITIONER DATED 31.10.2014.

RESPONDENT(S)' EXHIBITS :

------------------------------------- NIL //TRUE COPY// P.A. TO JUDGE

K.T.SANKARAN & BABU MATHEW P.JOSEPH, JJ.

-------------------------------------- W.P.(Crl.) No.60 of 2015 -------------------------------------- Dated this the 6th day of April, 2015

JUDGMENT

K.T.Sankaran, J.

The allegation in the Writ Petition is that Vaishnav, the son of the petitioner, aged 9 years, is under the illegal detention of the third respondent, who is none other than the father of the child. It is submitted by the learned counsel for the petitioner that the Writ Petition was filed since the address and whereabouts of the third respondent were not known. Now the learned Government Pleader has furnished all the relevant details about the whereabouts of the third respondent. The learned Government Pleader submitted that Vaishnav is studying at Muttil Orphanage in Wayanad.

W.P.(Crl.) No.60/2015 2.

If the petitioner seeks custody of the child, she is free to approach the Family Court for appropriate reliefs. With the above observations, the Writ Petition is closed. K.T.SANKARAN JUDGE BABU MATHEW P.JOSEPH JUDGE csl