In a writ petition filed by the mother of an absent detenue claiming unlawful detention, the High Court of Kerala permitted the detenue to go with her parents, concluding no further direction was necessary, while noting police action for retained documents.
The petition was closed; the detenue is permitted to go with her parents.
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 A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 23RD DAY OF AUGUST 2017/1ST BHADRA, 1939 WP(Crl.).No. 284 of 2017 (S) ----------------------------PETITIONER(S): -------------
VANAJA A.L. AGED 47 YEARS, W/O LALU A.K., ANDIPPILLIL HOUSE, OCTOBER ROAD, PONNURUNNY, VYTTILA P.O., ERNAKULAM DISTRICT, PIN-682019. BY ADVS.SRI.ANIL PRASAD SMT.G.ASHWINI RESPONDENT(S): -------------1. STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2. THE CITY POLICE COMMISSIONER, ERNAKULAM. 3. THE SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, ERNAKULAM DISTRICT. 4. MR. SALAM, S/O SHAKEER, THEKKEPARAMBIL (H), P.W.P. ROAD, MARADU VILLAGE, KANAYANNUR TALUK, PANANGAD P.O., NETTOOR, ERNAKULAM-682506. 5. MR. SHAKEER, FATHER OF SHAKEER NOT KNOWN TO THE PETITIONER, THEKKEPARAMBIL (H), P.W.P. ROAD, MARADU VILLAGE, KANAYANNUR TALUK, PANANGAD P.O., NETTOOR, ERNAKULAM-682506. 6. MRS. NASEEMA, W/O SHAKEER, THEKKEPARAMBIL (H), P.W.P. ROAD, MARADU VILLAGE, KANAYANNUR TALUK, PANANGAD P.O., NETTOOR, ERNAKULAM-682506. 7. DIRECTOR MAUNATHUL ISLAM SABHA, P.B.NO.801, ZIYARATH MASJID ROAD, PONNANI, MALAPPURAM DISTRICT, PIN-679583. R4-R6 BY ADV. SMT.ANN SUSAN GEORGE BY SR GOVERNMENT PLEADER SRI.K.B.RAMANAND THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 284 of 2017 (S) -----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 THE TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER DATED 16.05.2017 BEFORE THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS NIL
Rp
//TRUE COPY//
PS TO JUDGE
A.M. SHAFFIQUE & P.SOMARAJAN, JJ.
========================== W.P(Crl) No. 284 of 2017
=================
Dated this, the 23rd day of August, 2017
J U D G M E N T
Shaffique, J.
This writ petition has been filed by the mother of the detenue Ms.Devi A.L since she was missing since 15/7/2017. The allegation was that she was being detained by respondents 4 to 7. She was produced before this Court. On 31/7/2017, we have passed an interim order by which she was permitted to go with her mother. She is produced before this Court today. She said that she would like to reside with her parents and complete her studies.
WP(Crl) No.284/17
-:2:-
police in that regard, in which event, the police shall take
appropriate action.
With the above observation, writ petition is closed. The detenue is free to go with her parents.
Sd/-
A.M. SHAFFIQUE, JUDGE
Sd/-
Rp23/8/2017
//True Copy//
PS TO Judge
2 issues framed by the court
Whether the detenue could be permitted to reside with her parents after production before the court.
Whether further interim direction was required regarding documents retained by the police respondent.
Vanaja A.L.
State of Kerala
City Police Commissioner, Ernakulam
Sub Inspector of Police, Palarivattom
Mr. Salam
Mr. Shakeer
A.M. Shaffique
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
