Kerala High Court
Jeena E.F vs Annie Joseph on 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
WP(Crl.).No.38 OF 2021
PETITIONER/S:
JEENA E.F.
AGED 47 YEARS
W/O. LATE GEORGE THOMAS C.T., EZHUMANTHURUTHIL HOUSE,
PERUMPADAPPU, KOCHI 6.
BY ADV. SRI.BEPIN VIJAYAN
RESPONDENT/S:
1 ANNIE JOSEPH
AGED 72 YEARS
W/O. LATE JOSEPH, H.NO. 13/1938, CHERUTHALA HOUSE,
EDAKOCHI, KOCHI 682 010.
2 FRANCIS @ JAMES,
AGED 69 YEARS
S/O. THRESIAKUTTY, H.NO. 13/1420, EDAKOCHI.682 010
3 KATHREENA JOSE,
AGED 63 YEARS
W/O. JOSSY FELIX, H.NO. 4/179, KURUPPATH,
THOTTAKKATTUKARA, ALUVA 683 108.
4 LISSY,
AGED 55 YEARS
W/O. SABU, H.NO. 15/404A, MARETHUMATTATHIL,
KANJIRAMATTOM, 682 315.
5 COMMISSIONER OF POLICE,
ERNAKULAM.682 011
6 SUB INSPECTOR OF POLICE,
PALLURUTHY POLICE STATION.682 006
7 CHIEF MEDICAL OFFICER,
GOVERNMENT HOSPITAL, KACHERIPADY, PALLURUTHY,
ERNAKULAM 682 006.
R5-7 BY GOVERNMENT PLEADER
OTHER PRESENT:
SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No.38 OF 2021
2
JUDGMENT
Dated this the 15th day of February 2021
K. Vinod Chandran, J.
The petitioner was concerned with her mother-in-law.
Admittedly, the husband of the petitioner, who is the son of the
alleged detenue, is no more. The petitioner apprehended that
the mother-in-law was not being looked after by her own
children. We directed the Secretary, Kerala State Legal Services
Authority, accompanied by a Woman Police Officer to visit the
alleged detenue; for the purpose of ascertaining the condition in
which the old lady is kept.
2. On the last posting date, we received the report of the
Secretary, Ernakulam District Legal Services Authority, that the
alleged detenue is mentally and physically weak and is unable to
answer the queries.
3. The Inspector of Police, Palluruthy Police Station has
filed a report. The Senior Civil Police Officer's statement also
tallies with that of the report of the Secretary, District Legal
WP(Crl.).No.38 OF 2021
Services Authority, Ernakulam. The Inspector of Police has
further stated that the Senior Civil Police Officer has stated that
the alleged detenue was found in the care of her eldest daughter
and that she was kept in a hygienic manner. The room in which
the alleged detenue was kept was also found neat and tidy.
In such circumstances, we do not find any reason to keep
the writ petition pending. Accordingly, the Writ petition
dismissed.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
M.R.ANITHA
shg JUDGE
WP(Crl.).No.38 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF SALE DEED NO. 2877/2007 DATED
28.05.2007 OF KOCHI S.R.O. EXECUTED BY
ANNIE, PREMI AND RANI @ ISABELLA SEBASTIAN
IN FAVOUR OF THRESSIAKUTTY.
EXHIBIT P2 TRUE COPY OF THE DEATH CERTIFICATE OF
PETITIONER'S HUSBAND GEORGE THOMAS C.T.
DATED 12.04.2017 ISSUED FROM THE
CORPORATION OF KOCHI.
EXHIBIT P3 TRUE COPY OF REGISTERED WILL NO.
202/III/2014 DATED 17.05.2014 OF KOCHI
S.R.O.
