Allowed

Manoharan S. v. Superintendent of Police (Rural)

Kerala HC29 Oct 2012WP(Crl.)/394/2012

Case brief

AI extract

What is this about?

In this writ petition for habeas corpus, the court directed the alleged detenue, Malu, to join her parents residing at Anchal. The court ordered the 5th respondent police officer to monitor the house to ensure Malu's peaceful residence and sorted out her issues with her husband legally.

What did the court decide?

The detenue was directed to join her parents and reside with them; police directed to maintain surveillance to ensure her peaceful residence.

Manoharan S. Vs Superintendent of Police (Rural) — Child Custody and Guardianship | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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MONDAY, THE 29TH DAY OF OCTOBER 2012/7TH KARTHIKA 1934

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WP(Crl.).No. 394 of 2012 (S)

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PETITIONER:

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MANOHARAN S., AGED 50 YEARS S/O. SAHADEVAN, MANEESH BHAVAN, PUNCHAKKONAM KARUKONE P.O., ANCHAL, KOLLAM DISTRICT.

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BY ADV. SRI.K.ABDUL JAWAD

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RESPONDENTS:

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1. SUPERINTENDENT OF POLICE (RURAL) KOTTARAKKARA, KOLLAM DISTRICT.

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2. SUB INSPECTOR OF POLICE

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THENMALA POLICE STATION, KOLLAM DISTRICT.

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3. NIJAS

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S/O. JALALUDEEN, NAJMA MANZIL, KARAYALAM MATH NEAR RAILWAY CROSS, ARYANKAVU, KOLLAM DISTRICT.

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4. NABEESA BEEVI

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W/O. JALALUDEEN, NAJMA MANZIL, KARAYALAM MATH NEAR RAILWAY CROSS, ARYANKAVU, KOLLAM DISTRICT.

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5. THE SUB INSPECTOR OF POLICE, ANCHAL POLICE STATION, KOLLAM DISTRICT.

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(ADDL. R5 IS IMPLEADED AS PER THE JUDGMENT IN WP(CRL) NO.394/2012 DATED 29/10/2012)

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R4 BY ADV. SRI.B.MOHANLAL R1 & R2 BY GOVERNMENT PLEADER SRI. N.SURESH

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SCL.

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PIUS C. KURIAKOSE &

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BABU MATHEW P. JOSEPH, JJ.

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WP(Crl.) No. 394 OF 2012

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Dated this the 29^th day of October, 2012

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J U D G M E N T

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Pius C. Kuriakose, J.

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It is submitted by Sri.N.Suresh, the learned Government Pleader, that CI of Police, Kulathoorpuzha, who headed the team of investigators constituted by the 1^st respondent were at last able to traced out Sumi @ Malu, the alleged detenue, and she is produced before this Court. Malu is before us.

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We interacted with her as well as with the petitioner, her father. Malu told us that she longs to go along with her parents. According to her, her husband, Sri.Santhosh, will not be prepared to take her back to his hold.

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The main relief that is sought for in this writ petition is the writ of habeas corpus commanding respondents 1 to 4 (1 and 2 being Police Officers) to produce the body of Sumi @ Malu, the alleged detenue, before this Court. The above relief stands virtually granted now that Malu has been traced out and produced before this Court. The petitioner and his wife, the

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WP(Crl.) No. 394 OF 2012 ..2..

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parents of Malu, expressed their willingness to take their daughter back to their home. We therefore direct Malu, the alleged detenue, to join her parents back and to reside along with them in their house at Anchal.

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The Sub Inspector of Police, Anchal Police Station, Kollam District, is impleaded suo moto as additional 5^th respondent. The Registry will carry out corrections in the cause title. The additional 5^th respondent is directed to keep surveillance on the house of the petitioner and ensure that there is no trouble to the peaceful residence of Malu along with her parents from 3^rd respondent or from anybody else acting at his behest. It is open to Malu, the alleged detenue to sort out all her issues with her husband, Sri.Santhosh, in accordance with law.

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Hand over copy to the learned Government Pleader Sri.N.Suresh and to the counsel appearing on both sides.

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Sd/-

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PIUS C. KURIAKOSE, JUDGE

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Sd/- BABU MATHEW P. JOSEPH, JUDGE

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bka/-

Manoharan S. v. Superintendent of Police (Rural)

Case brief

What is this about?

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Manoharan S. v. Superintendent of Police (Rural)

Case brief

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