Allowed

Ambily v. State of Kerala

Kerala HC19 Nov 2012WP(Crl.)/563/2012

Case brief

AI extract

What is this about?

In a habeas corpus petition, the petitioner alleged illegal detention of her daughter and grandson due to alleged drug addiction. The Court found no evidence of illegal detention after interaction with the parties but granted visitation rights.

What did the court decide?

Petitioner allowed visitation rights of her daughter and grandson to the petitioner's residence every Sunday or Saturday between 5 p.m. and 6 p.m.

Ambily Vs State of Kerala — Constitutional and Fundamental Rights | 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 MONDAY, THE 19TH DAY OF NOVEMBER 2012/28TH KARTHIKA 1934 WP(Crl.).No. 563 of 2012 (S) ----------------------------

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PETITIONER(S): -------------

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AMBILY, W/O.SUDHEESH LAL, ANASWARA, D-25 SASTHAMANGALAM PO., THIRUVANANTHAPURAM DISTRICT. BY ADVS.SMT.G.VIDYA SRI.JESWIN P.VARGHESE

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RESPONDENT(S):

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STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERMENT HOME DEPARTMENT, SECRETRIAT THIRUVANANTHPAURAM-695 001.

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THE DIRECTOR GENERAL OF POLICE

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POLICE HEAD QUARTERS, THIRUVANANTHPAURAM-695 001.

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THE CIRCLE INSPECTOR OF POLICE

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KAZHAKOOTTAM, THIRUVANANTHPAURAM DISTRICT.

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THE SUB INSPECTOR OF POLICE KAZHAKUTTOM POLICE STATION THIRUVANANTHPAURAM DISTRICT.PIN-695 582.

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SHIJI STEPHEN

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S/O.STEPHEN, SHIJI COTTAGE, AMBALAPALLI JUNCTION

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NEAR POPULAR FURNITURE MART,KAZHAKUTTAOM THIRUVANANTHPAURAM DISTRICT.PIN-695 582.

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SUGANTHI

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W/O.STEPHEN, SHIJI COTTAGE, AMBALAPALLI JUNCTION

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NEAR POPULAR FURNITURE MART,KAZHAKUTTAOM THIRUVANANTHPAURAM DISTRICT.PIN-695 582.

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LALY SUDHEESH LAL

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W/O.JAGADEESH CHANDRAN, SOWHRIDHA, S/B-32 VENPALAVATTOM, OOLANKUZHI JUNCTION NEAR KIMS HOSPITAL

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THIRUVANANTHPAURAM DISTRICT.PIN-695 523.

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JAGADEESH CHANDRAN S/O.RADHA, SOWHRIDHA, S/B-32 VENPALAVATTOM, OOLANKUZHI JUNCTION NEAR KIMS HOSPITAL THIRUVANANTHPAURAM DISTRICT.PIN-695 523.

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R1-R4 BY ADV. ADDL.DGP SRI. ABDUL RASHEED.

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 1911-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(CRL.) 563/2012

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: COPY OF THE INTIMATION GIVEN BY THE OFFICE OF THE CHIEF MINISTER DATED 25/9/2011.

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EXT.P2: COPY OF THE EVALUATION CLINIC REPORT GIVEN BY THE PAEDIATRICIAN DATED 13/4/2012.

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RESPONDENT'S EXHIBITS: NIL

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/TRUE COPY/ P.A. TO JUDGE.

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PIUS C.KURIAKOSE & BABU MATHEW P.JOSEPH JJ. -----------------------W.P.(Crl.) . NO. 563 OF 2012

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Dated this the 19^th day of November, 2012

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JUDGMENT

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Pius C.Kuriakose,J

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The petitioner, the mother and grand mother respectively of Lovely Sudheesh Lal and Shoun has filed this writ petition complaining that her daughter and grand son are being illegally detained by the 5^th respondent, the daughter's husband, 6^th respondent mother of the 5^th respondent and respondents 7 and 8 elder daughter and son- in -law of the petitioner. According to the petitioner, her daughter Lovely Sudheesh Lal has become addict to drugs and persons responsible for this unfortunate situation are respondents 5, 7 and 8. On considering this writ petition for admission, we directed the learned Government Pleader, who took notice on behalf of the police officers, to seek instructions regarding the correctness of the

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allegations. We issued notice on admission by special messenger to respondents 5 to 8 and directed them to produce

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W.P.(Cr.) No.563 /2012 2

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the daughter and grand son of the petitioner before this court.

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Accordingly, Lovely Sudheesh Lal and Shoun, the daughter and grand son of the petitioner, have come to this court accompanied by the 5th respondent. We interacted in detail with the petitioner, 5^th respondent and also with Lovely Sudheesh Lal, the petitioner's daughter. The petitioner insisted that her daughter Lovely Sudheesh Lal should be referred to a Medical Board or at least to a doctor for examining whether she is addicted to drugs. She also requested that she must be provided with visitation rights on her daughter and grandsons in their place of residence.

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3.Lovely Sudheesh Lal, the petitioner's daughter, told us that she is not under illegal detention. She is living happily with her husband. She is not addicted to drugs. Her mother is the trouble shooter. She and the 5th respondent are not agreeable to the idea of the petitioner being permitted to visit them in their place of residence. According to them, the mother is in the habit of maligning them amidst the neighbours. If mother is so keen of seeing them, they are ready and willing to visit the mother on weekly basis.

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W.P.(Cr.) No.563 /2012 3

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The important issue, which arises for decision by us in this writ petition, is whether the daughter and grandson of the petitioner are illegally detained as alleged and whether there is any warrant for issuance of the writ of Habeas Corpus sought for . In the light of the interaction which we had today, the above question can be answered only in the negative. We do so. However, we dispose of this writ petition directing the 5th respondent and Lovely Sudheesh Lal, the daughter of the petitioner, to visit the petitioner on every Sunday or Saturday , according to their convenience between 5 p.m. and 6 p.m. in the place of residence of the petitioner so that the petitioner can have the company of her daughter and grand son.

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Sd/-

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PIUS C.KURIAKOSE, JUDGE

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SD/-

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BABU MATHEW P.JOSEPH, JUDGE.

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Dpk

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/True copy/ P.A to Judge.

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W.P.(Cr.) No.563 /2012 4

Ambily v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ambily v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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