Ajmal V.A vs Station House Officer
2021 Latest Caselaw 8553 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 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                         WP(Crl.).No.53 OF 2021


PETITIONER:

               AJMAL V.A
               AGED 24 YEARS
               S/O.ABDULLA,RAYAMARAKKAR HOUSE,
               PAVARATTY.P.O, MARUTHIYOOR,
               THRISSUR DISTRICT.

               BY ADV. SRI.U.K.DEVIDAS

RESPONDENTS:

      1        STATION HOUSE OFFICER
               PARIPPALLY POLICE STATION,
               KOLLAM DISTRICT-691574.

      2        SUPERINTENDENT OF POLICE,
               ASHRAMAM ROAD,ASRAMAM,KOLLAM DISTRICT-691001.

      3        LALU.S,
               LEKSHILAYAM,THETTIKUZHY,KALLUVATHUKKAL.P.O,
               KOLLAM DISTRICT-691578,OR POPEES BABY CARE,
               OLIPPIL COMPLEX,KANNANALOOR ROAD,KOTTAYAM,
               KOLLAM DISTRICT-691571.

               R1-2 BY GOVERNMENT PLEADER

OTHER PRESENT:

               SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND

     THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(Crl) No. 53 of 2021

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                K. Vinod Chandran & M.R. Anitha, JJ.
                -------------------------------------
                        W.P(Crl)No.53 of 2021
                 ------------------------------------
               Dated, this the 15th day of March, 2021

                                    JUDGMENT

Vinod Chandran, J.

The petitioner has filed the above writ

petition alleging that the daughter of the 3rd

respondent is in illegal custody. The daughter of the

3rd respondent was produced before us on 03.03.2021. At

that point of time the alleged detenue specifically

wanted to go with the petitioner. We apprised her of

the fact that the petitioner had a living in

relationship and has a child from that relationship.

She was however adamant in her stand. Despite that at

the request of the father we granted her one more

opportunity. We directed the detenue to be sent with

her parents and posted the case on 12.03.2021, on

which day, the girl could not be produced because she

was suffering from fever. Today, she has been

produced before us and we interacted with her and the

parents. The detenue reiterated her desire to go with

the petitioner. The learned Counsel appearing for the W.P(Crl) No. 53 of 2021

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3rd respondent again sought for further time. We asked

the detenue about her wish and she was quite assertive

in wanting to go with the petitioner and not with her

parents. In such circumstance, we find no way to grant

the request of the 3rd respondent. We permit the

detenue, the daughter of the 3rd respondent to go on

her own free.

Writ petition is disposed of.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

M.R.ANITHA JUDGE Jma W.P(Crl) No. 53 of 2021

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APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PHOTOGRAPHS OF THE PETITIONER ALONG WITH LEKSHMY LALU.