This criminal writ petition concerned the detention of the petitioner's daughter. After hearing all parties, the court allowed the petition and permitted the detenue to be released to her parents, ensuring police protection for the journey.
Petitioner's writ petition allowed; detenue permitted to go with her parents under sufficient police protection.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN
&
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
WEDNESDAY, THE 27TH DAY OF JUNE 2012/6TH ASHADHA 1934
WP(Crl.).No. 291 of 2012 (S)
PETITIONER:
MINI VARGHESE, AGED 50 YEARS W/O. PUTHENPARAMBIL PHILIP VARGHES NANTHIYATH MALAYIL HOuSE, MANJINIKKARA, MATHOOR.P.O. PATHANAMTHITTA DISTRICT.
BY ADV. SRI.VETTATH EAPEN MATHAI
RESPONDENTS:
BY A.D.G.P., SHRI TOM JOSE PADINJAREKKARA
BY ADV. SRI.M.L.SURESH KUMAR
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(CRL.) 291 OF 2012
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 TRUE COPY OF THE COMPLAINT SUBMITTED TO RESPONDENTS 2 & 3 BY THE PETITIONER. EXT.P2 PHOTOGRAPH OF THE DETENUE.
RESPONDENTS' EXHIBITS: NIL
// TRUE COPY //
K.T.SANKARAN & M.L.JOSEPH FRANCIS JJ.,
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Dated this the 27th day of June, 2012
JUDGMENT
K.T. Sankaran J.,
The case of the petitioner is that her daughter was found missing from 7.6.2012, while she was returning after attending the college. The daughter of the petitioner was a B.Tech final year student. In the Writ Petition, it is alleged that the petitioner came to know that the fourth respondent and a gang of five persons came in a vehicle and forcibly took away the daughter of the petitioner in the vehicle.
:2:
W.P. (Crl.) No.291 of 2012
W.P. (Crl.) No.291 of 2012
:3:
number, from which the call was made to the petitioner's husband.
Sufficient Police protection shall be afforded to the petitioner
and her family members to take the alleged detenue to their house.
Sd/
K.T. SANKARAN, (JUDGE)
Sd/ M. L. JOSEPH FRANCIS, (JUDGE)
dl/
1 issue framed by the court
Whether the writ petition for release of the detenue should be allowed given her expressed desire to return to her parents.
MINI VARGHESE
STATE OF KERALA
SUPERINTENDENT OF POLICE
STATION HOUSE OFFICER
NAHAS
K.T.SANKARAN
M.L.JOSEPH FRANCIS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
