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High Court of KeralaWP(Crl.)/163/2015closed

Sulochana v. The Director General Of Police, Thiruvananthapuram

2015-04-21Honourable Mr. Justice P.D.Rajan,Honourable Mr.Justice P.N.Ravindran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE P.D.RAJAN TUESDAY, THE 21ST DAY OF APRIL 2015/1ST VAISAKHA, 1937 WP(Crl.).No. 163 of 2015 (S) ----------------------------- PETITIONER(S):

-------------------------- SULOCHANA W/O SUGATHAN, SURYA BHAVANAM, KALANJOOR PANCHAYAT KONNI TALUK, PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.K.S.SIVA KUMAR SRI.C.B.SREEKUMAR RESPONDENT(S):

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

1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM 695001

2. DISTRICT POLICE CHIEF PATHANAMTHITTA 689 691.

3. SUB INSPECTOR OF POLICE KOODAL POLICE STATION, PATHANAMTHITTA 689 696

4. ASHRAF (SATHYAN) MULAMOOTTIL (SHAJITHA BHAVANAM, PADOM P.O., KALANJOOR PATHANAMTHITA DISTRICT-689694.

5. HASHIM @ SHIBIN S/O ASHRAF, MULAMLOOTTIL (SHAJITHA BHAVANAM PADOM P.O., KALANJOOR, PATHANAMTHITTA DISTRICT-689694. R1-R3 BY SRI.ABDUL RASHEED, ADDL.DIRECTOR GENERAL OF PROSECUTION BY GOVERNMENT PLEADER SRI.ABDUL KAREEM P.S.

THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21-042015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(Crl.).No. 163 of 2015 (S) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE FIR IN CRIME NO.194/2015 OF KOODAL POLICE STATION, DATED 6.4.2015.

EXHIBIT P2:

TRUE COPY OF THE REPRESENTATION DATED 13.4.2015 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL /TRUE COPY/ VPS PS TO JUDGE

P.N.RAVINDRAN & P.D.RAJAN, JJ.

--------------------------- W.P.(Crl.)No.163 of 2015 -------------------------- Dated this the 21st day of April, 2015

J U D G M E N T

P.N.Ravindran, J.

The petitioner, who is the mother of a minor girl named Surya, aged 16 years, has filed this writ petition seeking a writ of habeas corpus commanding respondents 1 to 3 to produce the body of her daughter in this Court and to set her at liberty forthwith. The petitioner has averred that her minor daughter Surya is in the illegal custody of respondents 4 and 5, the fourth respondent's wife Shajitha and their near relatives Hashim and Rahim.

2. When the writ petition was called on for hearing today, the Sub Inspector of Police, Koodal Police Station produced the minor girl Surya in this Court. The petitioner as well as her husband were also present. The learned Government Pleader appearing for the official respondents submitted that the detenue and the fifth respondent were traced out from Bangalore, that she was also subjected to medical examination and produced before the Judicial Magistrate of First Class, Adoor in connection with Crime No.194 of 2015 of Koodal Police Station and that after recording her statement, the minor girl

W.P.(Crl.) No.163/2015 Surya was given to the custody of the petitioner. The learned Government Pleader also submitted that the fifth respondent was arrested yesterday and produced today before the Court of the Judicial Magistrate of First Class, Adoor. In such circumstances, as custody of the petitioner's daughter has been handed over to the petitioner, no further orders are called for in this writ petition. It is accordingly closed.

P.N.RAVINDRAN, (JUDGE) P.D.RAJAN, (JUDGE) vps