Citation : 2021 Latest Caselaw 12098 Ker
Judgement Date : 20 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 20TH DAY OF APRIL 2021 / 30TH CHAITHRA, 1943
WP(Crl.).No.99 OF 2021
PETITIONER/S:
NIRANJANA SUDHEER
AGED 19 YEARS
D/O. MANJUSHA V., NIRANJANAM,
KUNDARAKUZHI, THADATHARIKATHU VEEDU,
PANAVOOR P.O., NEDUMANGADU,
THIRUVANANTHAPURAM, PIN-695568.
BY ADVS.
SRI.M.V.THAMBAN
SRI.R.REJI
SMT.THARA THAMBAN
SRI.B.BIPIN
SRI.ARUN BOSE
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-
695001.
2 THE DISTRICT POLICE CHIEF (RURAL),
THIRUVANANTHAPURAM, PIN-695033.
3 THE STATION HOUSE OFFICER,
NEDUMANGADU POLICE STATION,
NEDUMANGAD P.O.,
THIRUVANANTHAPURAM, PIN-695541.
4 DEVADATHAN POTTY,
S/O. VIJAYAN, D.P.BHAVAN,
MUDHIYAM KAVU,PANACODE P.O.,
ARYANADU, TRIVANDRUM, PIN-695542.
5 PARVATHY, AISWARYA BHAVAN,
KANNANOOR NADA, VETTINADU, VATTAPPARA P.O.,
TRIVANDRUM, PIN-695028.
WP(Crl.).No.99 OF 2021 ..2
R1-3 BY GOVERNMENT PLEADER
OTHER PRESENT:
GP PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
20.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No.99 OF 2021 ..3
JUDGMENT
Dated this the 20th day of April 2021
V.G.Arun,J.
The writ petition is filed by the daughter of
Smt.Manjush V., who is presently housed in the
Mahilamandiram at Thiruvananthapuram. The petitioner
alleges that her mother had left the company of her
children under the influence of respondents 4 and 5.
2. On 16.04.2021, this Court had taken note of the
submission of the detenue that she is not under the illegal
custody of respondents 4 and 5 and that she is living with
her relative on her own volition and had opined that there
should be an attempt for reconciliation of the differences
between the petitioner and her mother. In order to explore
the possibility of settlement, the parties were directed to
be present today. A report was also called for from the
Legal Services Authority, Thiruvananthapuram, as to WP(Crl.).No.99 OF 2021 ..4
whether reconciliation and psychological counseling could
be undertaken under its supervision.
3. Today, we interacted with the detenue, her mother,
as well as the petitioner. The detenue says that she has
parted company with respondents 4 and 5 and is willing to
go along with her mother. The mother of the detenue
expressed willingness to take care of her daughter and to
produce her before the Legal Services Authority for
counseling. The petitioner is in agreement with the
submissions of the detenue and her mother.
4. The District Legal Services Authority,
Thiruvananthapuram has reported that, reconciliation and
psychological counseling can be undertaken under its
supervision.
In the above circumstances, the writ petition is
disposed of, recording the submission of the detenue that
she is going along with her mother and that of the
detenue's mother, that she will ensure the detenue's
appearance before the District Legal Services Authority,
Thiruvananthapuram. The detenue is directed to appear WP(Crl.).No.99 OF 2021 ..5
before the Secretary, District Legal Services Authority,
Thiruvananthapuram on 06.05.2021 at 11.00 a.m. The
further course of action, with respect to the psychological
counseling and reconciliation can be decided by the
District Legal Services Authority.
Sd/-
V.G.ARUN JUDGE
Sd/-
MURALI PURUSHOTHAMAN
SB/20/04/2021 JUDGE
WP(Crl.).No.99 OF 2021 ..6
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 26.3.2021
FILED BY SMT.J.VIJAYAKUMARI.
EXHIBIT P2 TRUE COPY OF THE EXTRACT OF THE FIR
NO.707/2021 OF NEDUMANGAD POLICE STATION.
//true copy //
P.A To Judge
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