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Unknown vs By Advs
2021 Latest Caselaw 8069 Ker

Citation : 2021 Latest Caselaw 8069 Ker
Judgement Date : 9 March, 2021

Kerala High Court
Unknown vs By Advs on 9 March, 2021
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                  &

                THE HONOURABLE MRS. JUSTICE M.R.ANITHA

      TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

                        WP(Crl.).No.78 OF 2021


PETITIONER

              GEORGE.D
              AGED 68 YEARS
              S/O.DANIEL, ALAKKUZHI MELETHIL, KURA P.O., THALAVOOR,
              KOLLAM DISTRICT 691 557

              BY ADVS.
              SRI.V.PHILIP MATHEW
              SRI.GIBI.C.GEORGE
              SRI.E.RADHAKRISHNAN
              SHRI.AMAL PARTHASARADHY

RESPONDENTS

      1       THE DISTRICT POLICE CHIEF,
              KOLLAM 691 001

      2       THE CIRCLE INSPECTOR OF POLICE
              KUNNICODE POLICE STATION, KOLLAM DISTRICT 691 508

      3       THE SUB INSPECTOR OF POLICE
              KUNNICODE POLICE STATION, KOLLAM DISTRICT 691 508

      4       VIJISH VARGHESE
              AGED 35 YEARS
              S/O.VARGHESE, JYOTHIS BHAVAN, AVANEESHWARAM, KUNNICODE,
              KOLLAM DISTRICT 691 508

      5       VIJIN VARGHESE
              S/O.VARGHESE, JYOTHIS BHAVAN, AVANEESHWARAM, KUNNICODE,
              KOLLAM DISTRICT 691 508

      6       JOLLY VARGHESE
              W/O.VARGHESE, JYOTHIS BHAVAN, AVANEESHWARAM, KUNNICODE,
 WP(Crl).78/2021
                                       2

                  KOLLAM DISTRICT 691 508


OTHER PRESENT:

                  SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND

     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 09.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl).78/2021
                                              3

                                       JUDGMENT

Dated : 9th March, 2021

M.R.Anitha, J.

1. This writ petition has been filed by the father of

the alleged detenue. According to him, his daughter

and the grand children are under the illegal

confinement of the 4th respondent, the son-in-law.

Respondents 5 and 6 are the brother and mother

respectively of the 4th respondent. Petitioner would

contend that his daughter and 4th respondent are

working and they used to bring the children to the

house of the petitioner everyday in the morning and

take them back in the evening. The 6th respondent is

not in good terms with the petitioner and his

daughter. It is further alleged that the 4th

respondent is involved in a case of

misappropriation of money from the Bank and some of

the Officers from the Central Office, Canara Bank

came to the house of the petitioner on 13.2.2021

enquiring about the 4th respondent. But there is no WP(Crl).78/2021

information about the petitioner's daughter and

grand children. A complaint was filed before the 2nd

respondent. But no action is being taken. Alleging

illegal confinement of the petitioner's daughter

and grand children, petitioner approaches this

Court.

2. In fact the petitioner submits that he had gone to

the 6th respondent's house in search of his daughter

and grand children. But the 6th respondent alone was

in the house. 6th respondent also feigned ignorance

about the whereabouts of the 4th respondent, his

wife and children. Later, it is stated that the

petitioner was informed that the 4th respondent was

involved in a case of misappropriation at the

Canara Bank where he is employed. Zonal Officers of

the Canara Bank are also said to have approached

the petitioner in search of the 4th respondent.

Obviously, the 4th respondent has absconded with his

wife and children. The Police definitely would be

conducting an investigation in the crime WP(Crl).78/2021

registered. The complaint of the petitioner at

Ext.P1 shall also be investigated since minor

children are missing, though in the custody of the

father and mother. If their whereabouts are

revealed, it shall be informed to the petitioner.

We do not find any illegal custody of the minor

children or their mother even going by the

averments in the writ petition.

The writ petition would stand closed with the

above observation.

Sd/-

K.VINOD CHANDRAN, Judge

Sd/-

M.R.ANITHA, Judge

Mrcs/9.3 WP(Crl).78/2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF PETITION DATED 2.3.2021 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

EXHIBIT P2 COPY OF RECEIPT DATED 3.3.2021 ISSUED BY THE THIRD RESPONDENT.

 
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