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Kerala High Court
Parameswaran T vs State Of Kerala on 10 May, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
WP(CRL.) NO. 492 OF 2024
PETITIONERS:
1 PARAMESWARAN T,
AGED 76 YEARS, S/O NARAYANAN,
THALIYADETH (H), PUZHAMPROM BIYYAM P O,
PONNANI MALAPPURAM, PIN - 679 576.
2 LALITHA K A,
AGED 75 YEARS, W/O PARAMESWARAN T,
THALIYADETH (H), PUZHAMPROM BIYYAM P O,
PONNANI MALAPPURAM, PIN - 679 576.
BY ADVS.
PRAVEEN K. JOY
T.A.JOY
E.S.SANEEJ
M.P.UNNIKRISHNAN
N.ABHILASH
DEEPU RAJAGOPAL
FATHIMA SHALU S.
ARDRA ANIL
ALBIN VARGHESE
ABISHA.E.R
ANUPAMA NAIR
RESPONDENTS:
1 STATE OF KERALA,
REP. BY SECRETARY,HOME DEPARTMENT, SECRETARIAT,
TRIVANDRUM, PIN - 695 001.
2 THE SUPERINTENDENT OF POLICE ALLAPPEY,
OFFICE OF THE SUPERINTENDENT OF POLICE (RURAL) ALLAPEY,
PIN - 688 012.
3 THE STATION HOUSE OFFICER,
HARIPAD POLICE STATION, PIN - 690 514.
WP(CRL.) NO. 492 OF 2024
2
4 VEENA S. RAVEENMDRAN,
AGED 41 YEARS,
D/O S.RAVEENDRAN RAJEEVAM, MUTTOM, HARIPAD,
ALLAPUZHA, PIN - 690 514.
BY ADVS.
A.PARVATHI MENON
P.SANJAY(K/000381/1992)
BIJU MEENATTOOR(K/620/1992)
INDIRA.K.P.(K/000085/1984)
PAUL VARGHESE (PALLATH)(K/000171/2017)
KIRAN NARAYANAN(K/000131/2018)
RAHUL RAJ P.(K/547/2020)
MUHAMMED BILAL.V.A(K/1033/2023)
MEERA R. MENON(K/002575/2023)
BASILA BEEGAM(K/2283/2022)
DEVIKA S. PRASAD(K/000975/2024)
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 10.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(CRL.) NO. 492 OF 2024
3
GOPINATH P. & SYAM KUMAR V.M., JJ.
================
W. P (Crl.) No.492 of 2024
=================
Dated this the 10th day of May, 2024
JUDGMENT
GOPINATH P, J.
This is an application for a writ of Habeas Corpus. The alleged detenu is the grandson of the petitioners (through their deceased son). The 4th respondent is the mother of the child. The alleged detenu is 17 years and 7 months old. It is the case of the petitioners that after the remarriage of the 4 th respondent, the alleged detenu is under illegal detention and is suffering torture at the hands of his step father and the 4th respondent.
2. The 4th respondent and the alleged detenu are present in Court. We have interacted with them. We have also interacted with the petitioners. The alleged detenu is to attain the age of majority on 09.10.2024. He is very firm in his statement before us that he is not under any illegal detention and he is very happy to live with the 4 th respondent. We have no reason to believe that the said statement of WP(CRL.) NO. 492 OF 2024 4 the alleged detenu is in any way manipulated or tutored.
3. We are therefore of the view that no ground has been made out for issuance of a writ of Habeas Corpus.
4. At this juncture, the learned counsel appearing for the petitioners would submit that the petitioners are senior citizens aged 76 and 75 years and they may be permitted to interact with the alleged detenu and if possible take him out for lunch. The learned counsel appearing for the 4th respondent has graciously agreed that her client has no objection and provided she is also allowed to accompany the alleged detenu to lunch with the petitioners. The learned counsel appearing for the 4 th respondent has also submitted that the 4th respondent has no objection in the petitioners contacting the alleged detenu over phone and they can contact him over telephone No.8072605925.
4. Having regard to the above submissions, this writ petition will stand closed, permitting the petitioners to interact with the alleged detenu (Adithya T Nisheeth) in the presence of the 4 th respondent over lunch today. We also record the submission of the learned counsel for the 4th respondent that the petitioners will be permitted to have regular contact with the alleged detenu over WP(CRL.) NO. 492 OF 2024 5 telephone No. 8072605925 subject to the school / college timings etc..
The writ petition is closed accordingly.
Sd/-
GOPINATH P. JUDGE Sd/-
SYAM KUMAR V.M. JUDGE DK WP(CRL.) NO. 492 OF 2024 6 APPENDIX OF WP(CRL.) 492/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOCOPY OF THE DISCHARGE SUMMARY OF THE 4TH RESPONDENT ISSUED BY ST.THOMAS HOSPITAL, CHENNAI Exhibit P2 TRUE PHOTOCOPY OF THE DIVORCE PETITION OP 3820/2016 DATED 28.09.2016 BEFORE THE HONOURABLE FAMILY COURT CHENNAI Exhibit P3 TRUE COPY OF DEATH CERTIFICATE OF PETITIONER SON OF GREATER CHENNAI CORPORATION DATED 10.07.2019 Exhibit P4 TRUE COPY OF LEGAL HEIRSHIP CERTIFICATE DATED 02.11.2019 ISSUED BY TAHSILDAR, PONNANI Exhibit P5 TRUE COPY OF TAX RECEIPT DATED 17.04.2024 WITH NO KL10030303235/2024 OF EUZHUVATHIRUTHI VILLAGE OFFICE Exhibit P6 TRUE COPY OF TAX RECEIPT DATED 17.04.2024 WITH NO KL10030303274/2024 OF EUZHUVATHIRUTHI VILLAGE OFFICE Exhibit P7 TRUE COPY OF RECEIPT DATED 04.05.2024 OF PONNANI MUNICIPALITY Exhibit P8 TRUE COPY OF PHOTOGRAPH OF THE SECOND MARRIAGE OF 4TH RESPONDENT AS UPLOADED IN FACEBOOK Exhibit P9 TRUE COPY OF THE COMPLAINT BEFORE THE 2ND RESPONDENT RESPONDENT EXHIBITS Exhibit R4(1) TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY MN EYE HOSPITAL PVT LTD DATED 25.02.2018 Exhibit R4(2) TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY CENTRE FOR VISION AND EYE SURGERY, CHENNAI DATED 28.02.2024 Exhibit R4(3) TRUE COPY OF THE CERTIFICATE OF EXPERIENCE ISSUED BY BHARAT EYE CARE AND SURGERY CENTRE, PUNALUR DATED 14.02.2024 Exhibit R4(4) TRUE COPY OF EXPERIENCE CERTIFICATE ISSUED BY VSM HOSPITAL, MAVELIKKARA DATED 19.02.2024 Exhibit R4(5) TRUE COPY OF THE MEMO FILED BY ME IN HMOP 3144/2016 WP(CRL.) NO. 492 OF 2024 7 Exhibit R4(6) TRUE COPY OF THE ORDER PASSED BY THE LEARNED FAMILY COURT, CHENNAI DATED 29.07.2019 Exhibit R4(7) TRUE COPY OF SCREENSHOT OF CALL RECORDS DATED NILL Exhibit R4(8) TRUE COPY OF THE RETURN TICKET FOR 10.05.2024 Exhibit R4(9) SCREENSHOT OF THE PAYMENT MADE TO THE 2ND PETITIONER'S ACCOUNT IN MAY, 2024