Citation : 2021 Latest Caselaw 8069 Ker
Judgement Date : 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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