IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(CRL.) NO. 431 OF 2022
PETITIONER:
PRIYANKA P.M., AGED 25 YEARS
D/O.MOTILAL A.V, PUTHUKKERITHUNDI VEEDU,
VENNALA -682 028 NOW RESIDING AT NEDUMPARAMBIL
BUILDING, THANNIKKAL JUNCTION, ELAMAKKARA-682 026.
BY ADVS.
P.J.JOSEPH JOHN
J.RAMKUMAR
ASHEEK ANTONY
RESPONDENTS:
1 STATION HOUSE OFFICER,
PALARIVATTOM POLICE POLICE STATION,
PALARIVATTOM PIN- 682 025.
2 THE SUB INSPECTOR OF POLICE,
PALARIVATTOM POLICE STATION, PALARIVATTOM PIN- 682 025.
3 RUKMINI MOTILAL,
AGED 58 YEARS, W/O. MOTILAL A.V, PUTHUKKERITHUNDI
VEEDU, VENNALA -682 028.
BY ADVS.
AMRITA ARUN
RESHMA E.
BY GOVERNMENT PLEADER SRI.E.C.BINEESH
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(Crl) No.431 of 2022
2
K.VINOD CHANDRAN & C. JAYACHANDRAN JJ
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WP(Crl) No.431 of 2022
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Dated, this the 8th June, 2022
JUDGMENT
Vinod Chandran, J.
The above writ petition is filed by the mother seeking the custody of her two children, who were allegedly detained by the maternal grandmother. The maternal grandmother and the children appeared before us, the former through a Counsel. The children were of an impressionable age and since they were produced from the custody of the grandmother, they expressed the desire to go with the grandmother. We left them with the company of the mother for sometime and we interacted with the children after about two hours. They were willing to go with the mother. By interim order dated 22.05.2022, while we directed the children to be taken by the mother, we also directed the Police to conduct an enquiry regarding the circumstances in which the mother and the grandmother were living.
2. Today, we have before us a report submitted by the Assistant Commissioner of Police, Ernakulam WP(Crl) No.431 of 2022 3 furnished to us by the learned Government Pleader, which we mark as Ext.C1 in the above writ petition and specifically interdict the Registry from issuing copies of the document to any persons including those who are parties in the writ petition, unless otherwise than by orders of this Court.
3. Having read the police report, we are convinced that the interest of the children would be best served if they are continued with the mother. On the request made by the learned Counsel for the grandmother, we permit her to visit the children on every Saturday between 10 a.m and 5 p.m for an hour, on condition that the certificates and other documents of the children be handed over to the mother within a week.
Writ Petition is allowed as above. No Costs.
Sd/-
K.VINOD CHANDRAN, JUDGE Sd/-
C.JAYACHANDRAN, JUDGE sp WP(Crl) No.431 of 2022 4 APPENDIX OF WP(CRL.) NO.431/2022 PETITIONER'S EXHIBITS:-
EXHIBIT P1 A TRUE COPY OF THE RECEIPT DATED 16.05.2022 ISSUED FROM THE PALARIVATTOM POLICE STATION. RESPONDENTS' EXHIBITS:-
EXHIBIT C1 REPORT SUBMITTED BY THE ASSISTANT COMMISSIONER OF POLICE, ERNAKULAM