Gangadharan K.K v. Superintendent Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936 WP(Crl.).No. 104 of 2015 (S) ----------------------------- PETITIONER:

GANGADHARAN K.K. AGED 63 YEARS S/O.KUNJUMON, KUNHIKKERAN HOUSE ENGANDIYOOR P.O. CHAVAKKAD TALUK, THRISSUR - 680615 BY ADV. SRI.RAJIT RESPONDENTS:

1. SUPERINTENDENT OF POLICE THRISSUR.

2. CIRCLE INSPECTOR OF POLICE VALAPPAD POLICE STATION, THRISSUR DISTRICT.

3. SUB INSPECTOR OF POLICE VATANAPPILLY POLICE STATION CHAVAKKAD TALUK THRISSUR DISTRICT.

4. GIREESHMA, W/O.RAJESH, AGED 30 YEARS KOPPRA HOUSE, P.O.ENGANDIYUR, VETTEKKORUMAKERAN ROAD, NEAR PULAMBULLIKKAVU TEMPLE, CHAVAKKAD TALUK, THRISSUR DISTRICT.

5. RAGIMA, W/O.SHINE RAJ, AGED 27 YEARS KOPPRA HOUSE, P.O.ENGANDIYUR VETTEKKORUMAKERAN ROAD, NEAR PULAMBULLIKKAVU TEMPLE, CHAVAKKAD TALUK, THRISSUR DISTRICT.

R1-R3 BY DIRECTOR GENERAL OF PROSECUTION MR. ASIF ALI THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 17-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ks

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

============================== W.P.(Crl.)No. 104 of 2015 ============================== Dated this the 17th day of March, 2015

JUDGMENT

K.T. Sankaran, J.

The petitioner is not present today.

2. The case of the petitioner is that he married Ramadevi on 9.2.1982. Respondents 4 and 5 were born in that wedlock. The allegation is that Remadevi is under the illegal detention of her daughters namely Gireeshma (4th respondent) and Ragima (5th respondent).

3. When the writ petition came up for admission, the learned Government Pleader was directed to get instructions. The learned Government Pleader submitted that the Additional S.I. of Police, Vadanappilli met Remadevi and recorded her statement. The statement is produced, which is taken on record. The statement is dated nil. The learned Government Pleader is not in a position to say on what date the statement of Remadevi was recorded.

4. We have gone through the statement of Remadevi. She stated to the Additional S.I. of Police that the petitioner was consistently harassing her and she once attempted to commit suicide. Remadevi also stated that she is living with her daughters on her own will and that she is not under the illegal detention of her daughters (respondents 4 and 5). The statement of Remadevi shows that the allegation made by the petitioner in the writ petition is not true. In the light of the statement made by Remadevi, we do not think it necessary to issue notice to respondents 4 and

5. The petitioner can work out his remedies before the Family Court. With these observations, the writ petition is closed.

Sd/- K.T. SANKARAN JUDGE Sd/- BABU MATHEW P. JOSEPH JUDGE ks.

True copy P.S. (Hr.Gr.)To Judge