Nagaveni vs State Of Kerala
2021 Latest Caselaw 5103 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                   &

                 THE HONOURABLE MRS. JUSTICE M.R.ANITHA

     THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                         WP(Crl.).No.27 OF 2021

PETITIONER/S:
                NAGAVENI, AGED 38 YEARS
                D/O. NAGARAJAN, KULATHOOR HOUSE, VADASSERIKONAM P.O.,
                CHEMMARUTHI, THIRUVANANTHAPURAM - 695 143.
                BY ADV. SRI.V.VINAR

RESPONDENT/S:
       1      STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO THE HOME DEPARTMENT,
              KERALA STATE.695 001
       2      SUPERINTENDENT OF POLICE (AMENDED)
              OFFICE OF SUPERINTENDENT OF POLICE, UNIVERSITY OF
              KERALA SENATE HOUSE CAMPUS, PALAYAM,
              THIRUVANANTHAPURAM, KERALA - 695033.

                2ND RESPONDENT IS SUO MOTU AMENDED:

                DISTRICT POLICE CHIEF (RURAL),
                THIRUVANANTHAPURAM.

                AS PER ORDER DATED 20/01/2021 IN WP(CRL).27/2021.
      3         DEPUTY SUPERINTENDENT OF POLICE
                OFFICE OF DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL,
                PIN - 695101.
      4         STATION HOUSE OFFICER
                KALLAMBALAM POLICE STATION, MANAMBUR, KERALA -
                695611.
      5         MUTHUKUMAR, (AGED ABOUT 38 YEARS)
                S/O MURUGESAN, 123/D, HOUSING BOARD COLONY,
                VALLIYOOR, RADHAPURAM TALUK, TAMILNADU - 627117.
                R1-4 BY GOVERNMENT PLEADER
                R1-4 BY DIRECTOR GENERAL OF PROSECUTION

OTHER PRESENT:
             SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND

     THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl.).No.27 OF 2021

                               2



                          JUDGMENT

Dated this the 11th day of February 2021

K. Vinod Chandran, J.

The daughter of the petitioner, who is the alleged detenue,

was produced before us in Chambers. We first talked to the Sub

Inspector of Police, who brought her to the Court. He has

informed us that the girl was kidnapped and she was traced and

found from Koyampettu at Tamil Nadu from the custody of the

5th respondent. She has also been taken to the Child Welfare

Committee, Thiruvananthapuram and admitted to a Home by

name 'Sakhi', at Thiruvananthapuram. She was also given

counselling and produced before the Magistrate for taking

statement under Section 164 of the Criminal Procedure Code.

2. We interacted with the girl, who says that she was

kidnapped and was taken by force by the 5 th respondent. We do

not say anything more on this since criminal proceedings have

already been initiated against the 5 th respondent. The girl

expresses her desire to go with her mother, who is also present.

We also interacted with the mother. The mother is given the WP(Crl.).No.27 OF 2021

custody of the minor girl.

3. We direct the Registry not to issue certified copy of the

above said judgment or the writ petition, which reveals the name

of the child, to anybody other than the petitioner or the State.

4. Writ petition is closed with the above observations and

directions.

Sd/-

K.VINOD CHANDRAN

JUDGE

Sd/-

M.R.ANITHA

JUDGE WP(Crl.).No.27 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATE DATED 20.03.2007.

EXHIBIT P2 THE TRUE COPY OF FIR NO.2956/2020 KALLAMBALAM POLICE STATION DATED 21.12.2020.