Ratheesh Chandran vs State Of Kerala
2021 Latest Caselaw 1795 Ker

                  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 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                            WP(Crl.).No.2 OF 2021

PETITIONER:

                 RATHEESH CHANDRAN, AGED 37 YEARS
                 S/O CHANDRAN NAIR, KANNAMKULAM, PAMPADY, VELLOOR P O,
                 KOTTAYAM, PIN-686501.

                 BY ADVS.
                 SHRI.S.MANU
                 KUM.VINILA CHANDRABOSE

RESPONDENTS:

       1         STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME
                 DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1.

       2         THE STATE POLICE CHIEF
                 POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-14.

       3         THE DISTRICT POLICE CHIEF KOTTAYAMN
                 OFFICE OF THE DISTRICT POLICE CHIEF, COLLECTORATE,
                 KOTTAYAM-2.

       4         THE STATION HOUSE OFFICER
                 KANJIRAPPALLY POLICE STATION,
                 KOTTAYAM DISTRICT, PIN-686507.

       5         THE STATION HOUSE OFFICER, PAMPADY POLICE STATION,
                 KOTTAYAM DISTRICT, PIN-686501.

       6         SUNIL P A, ANNAYIL HOUSE, VELOOR, PAMPADY, KOTTAYAM,
                 PIN-686501. (PRESENT ADDRESS NOT KNOWN)

       7         HARITHA S NAIR, SREE VILASAM,
                 CHIRA, PARATHODU P O, KOTTAYAM, PIN-686512.
                 (PRESENT ADDRESS NOT KNOWN)

                 R1-5 BY GOVERNMENT PLEADER

OTHER PRESENT:

                 SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND

     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION          ON
18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(Crl.) No. 2 of 2021

                                     -2-


              K. Vinod Chandran & M.R.Anitha, JJ.
             -------------------------------------
                    W.P(Crl.) No. 2 of 2021
              ------------------------------------
           Dated, this the 18th day of January, 2021

                                  JUDGMENT

Vinod Chandran, J.

The petitioner is before this Court seeking

issuance of a writ in the nature of Habeas Corpus for

production of his minor girl child alleged to be in the

illegal detention of respondents 6 & 7. The 7th

respondent is the wife of the petitioner, who is the

mother of the minor child. As revealed from the

memorandum of writ petition, as also the investigation

report of Police, the 7th respondent, on her own free

will, has eloped with the 6th respondent, who is working

in Gujarat, but has his permanent residence near to the

marital home of the 7th respondent.

2. We directed the police to file a report,

which is placed on record along with memo dated

12.01.2021. The investigation confirms that the 7th

respondent is residing on her own free will with the 6 th

respondent in Gujarat. The report further speaks of the W.P(Crl.) No. 2 of 2021

mother of the 7th respondent having informed the Police

that she has regular contact with the 7 th respondent, now

settled in Gujarat, over the telephone. The 7th

respondent being the mother of the minor child, we do

not think that a writ of habeas corpus can be issued for

the production of the child. The father, the natural

guardian will have to approach the Family Court for

getting custody of the child. We do not find any illegal

detention of the child as of now.

3. Admittedly there is a man-missing case

registered after the 7th respondent and her child were

found missing from the house of the petitioner. The

Police also have talked to the 7th respondent and she

informs that only due to the restrictions on account of

the pandemic, she is unable to travel to appear before

the Police or the Court. In any event, the man-missing

case cannot be closed unless the missing persons appear.

The Police also states in the report that respondents

6 & 7, along with the minor child, is residing within

the Bavla Police Station, Ahmadabad near the Savinay

Sammilit School, which is near to the Vallabh Nagar W.P(Crl.) No. 2 of 2021

Society. The Police shall direct the respondent to

appear before the Jurisdictional Magistrate along with

her daughter as early as possible. It is also directed

that the Police shall inquire through the Station House

Officer, Bavla Police Station as to the address of the

respondents 6 & 7 and on getting the information,

communicate it to the petitioner herein.

The writ petition is disposed of with the above

observation.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

M.R.ANITHA JUDGE jma W.P(Crl.) No. 2 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE PARATHODU GRAMA PANCHAYAT IN KOTTAYAM DISTRICT DATED 03.11.2012.

EXHIBIT P2 TRUE COPY OF THE BIRTH CERTIFICATE OF THE DAUGHTER OF THE PETITIONER AND THE 7TH RESPONDENT DATED 13/01/2016.

EXHIBIT P3 TRUE COPY OF THE RATION CARD OF THE PETITIONER'S FAMILY SHOWING THE NAMES OF THE PETITIONER, 7TH RESPONDENT AND MINOR CHILDREN.

EXHIBIT P4 TRUE COPY OF THE PETITION FILED BY THE PETITIONER DATED 23.06.2020.

EXHIBIT P5 TRUE COPY OF THE RECEIPT ISSUED FROM PAMPADY POLICE STATION ON RECEIPT OF EXHIBIT P4.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 3RD RESPONDENT DATED 26/12/2020.