Kerala High Court
Mrs.Pushpatha vs State Of Kerala on 22 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
MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
W.P(Crl.).No.75 OF 2021
PETITIONER/S:
MRS.PUSHPATHA, AGED 45 YEARS, W/O.SANTHOSH KUMAR,
8/145A RUGMAKRISHNA, MAMOODU, KEEZHATTINGAL PO,
KADAKKAVOR, THIRUVANANTHAPURAM, PIN-695 306.
BY ADVS.
SRI.T.B.SHAJIMON
SMT.GOVINDU P.RENUKADEVI
RESPONDENT/S:
1 STATE OF KERALA,
REP. BY CHIEF SECRETARY, HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 101.
2 THE DEPUTY SUPERINTENDENT OF POLICE,
ATTINGAL-695 101.
3 INSPECTOR OF POLICE,
WOMEN CELL THIRUVANANTHAPURAM, RURAL, 695 101.
4 MR.ABHIJITH, AGED 28 YEARS, S/O. GOPAKUMAR,
NIRMALAYAM, KUZHUVILAM VILLAGE, KURAKKADU PO,
TRIVANDRUM-695 104.
5 SACHIN PRASAD,
PRITIVI BHAVAN, NEAR ATTINGAL POLICE STATION,
ATTINGAL THIRUVANANTHAPURAM-695 101.
6 JIDESH,
LAKSHMI NIVAS, NEAR T.V. JUNCTION, ATTINGAL PO,
THIRUVANANTHAPURAM-695 101.
7 THE PASSPORT OFFICER,
SNSM BUILDING, 3,4TH FLOOR, KAITHAMUKKU PETTA RD.,
THIRUVANANTHAPURAM, KERALA-695 024.
W.P(Crl.) No.75/2021 - 2 -
8 PROTECTOR GENERAL OF EMIGRANTS,
MINISTRY OF EXTERNAL AFFAIRS,
10TH FLOOR, AKBAR BHAVAN, CHANKYAPURI,
NEW DELHI-110 021.
9 PROTECTOR OF EMIGRANTS, TRIVANDRUM,
5TH FLOOR, NORKA CENTRE,
THYCAUD P.O., THIRUVANANTHAPURAM-695 014.
10 CIRCLE INSPECTOR OF POLICE,
KADAKKAVOR POLICE STATION,
THIRUVANANTHAPURAM-695 306.
R1 TO R3 & R10 BY SR.GOVT.PLEADER SRI.K.B.RAMANAND.
R4 TO R6 BY ADV. SRI.T.KABIL CHANDRAN
R7 & R8 BY ADV. SRI.P.VIJAYAKUMAR, ASG OF INDIA.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(Crl.) No.75/2021 - 3 -
K. Vinod Chandran & M.R. Anitha, JJ.
-------------------------------------
W.P (Crl) No.75 of 2021-S
------------------------------------
Dated, this the 22nd day of March, 2021
JUDGMENT
Vinod Chandran, J.
The writ petition is filed by the petitioner
alleging that her daughter is in the illegal custody of
respondents 4 to 6 and the whereabouts of the detenue is
not known to her despite enquiries made in her personal
capacity. We have to notice certain background facts,
before we look at the statement obtained from the detenue
by the Police, as directed by us.
2. Earlier the 4th respondent, a relative of the
alleged detenue, was before this Court seeking her release
from the custody of the parents who, according to him, had
admitted her to a mental institution since the detenue was
not ready to toe the line of her parents. A Division Bench,
to which one of us (K.Vinod Chandran,J.) was a member,
directed the production of the alleged detenue from the
hospital at Painkulam, Idukki, where she was admitted. The
matter was posted on 11.11.2020, on which date the detenue
was produced before another Division Bench having roster.
As per order dated 11.11.2020, we see that the said
Division Bench had interacted with the detenue and her
parents for a sufficient amount of time and ascertained
their wishes. The Division Bench was of the view that the
detenue had to be left to herself and to act according to
her wishes especially since at that point her examinations
were just around the corner. The detenue was allowed to
collect all documents from her parents and the parents were
specifically directed neither to interfere with any
activity of their daughter nor restrict her free movement
till the next posting date. The petitioner therein, who is
the 4th respondent here, also was so interdicted. Recording
the undertaking of all parties to comply with the order of
this Court, it was also directed that the detenue will
place on record the address in which she proposes to reside
for the next one month. The matter was then posted on
10.12.2020, when the parties were directed to be present.
On 10.12.2020, the matter was not posted but it again came
before a Division Bench, in which one of us (K.Vinod
Chandran,J.) was a member, on 14.12.2020. On interaction,
it was submitted before the Division Bench that on the
earlier orders issued by this Court she was discharged from
the hospital at Painkulam where she was forcefully taken by
her parents. The parents were not present since the posting
date was 10.12.2020 and the matter came up only on
14.12.2020. Hence, it was further posted to 17.12.2020. On
the said date, the parents and their daughter appeared
before this Court. The Division Bench interacted with the
father, who accepted the fact that the detenue wants to be
left free to act according to her free will and, hence, the
writ petition was closed noticing the fact that the detenue
has already been let free and she was living by herself.
3. Now, the mother has again come up with the
petition alleging that the whereabouts of her daughter is
not known to her. We directed a statement to be recorded
from the daughter. An Inspector of the Thiruvananthapuram
Rural, Women Cell has recorded a statement, which is seen
recorded in a restaurant where the daughter of the
petitioner came on the request of the police. The learned
Senior Government Pleader also submits that the detenue did
not want to reveal her address since she complains of
constant harassment by her mother. The statement recorded
also specifically details the various acts of harassment
and asserts that she is not in any illegal custody. The
statement has been recorded by the Inspector and the
alleged detenue has signed it specifically recording that
the statement has been read and it is confirmed as correct.
We do not see any reason to entertain the above writ
petition, which stands rejected.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
M.R.ANITHA
JUDGE
Vku/-
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DECREE CERTIFICATE OF
DR.SWATHI KRISHNA DATED 20.6.2019.
EXHIBIT P1(A) THE PETITIONER IS A CANCER PATIENT AND
UNDER THE TRERATMENT FROM REGIONAL CANCER
CENTER. THE COPY OF THE MEDICAL RECORD
DATED 7.1.2021.
EXHIBIT P2 THE COPY OF THE PETITION IN WP.(CRL) NO.239
OF 2020 DATED 23.10.2020.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 17.12.2020 IN
W.P.(CRL) NO.239 OF 2020.
EXHIBIT P4 THE PHOTO OF A FOREIGNER WHO CAME TO TAKE
THE DETENUE.
EXHIBIT P5 THE COPY OF THE COMPLAINT DATED 14.2.21
GIVEN TO THE 2ND RESPONDENT.
EXHIBIT P6 THE COPY OF THE RECEIPT OF COMPLAINT DATED
1.2.2021 GIVEN TO THE 3RD RESPONDENT.
EXHIBIT P7 THE COPY OF THE COMPLIANT DATED 1.2.2021
GIVEN TO THE 10TH RESPONDENT.
EXHIBIT P8 THE PHOTO OF A RESORT WHERE THE DETENU
FOUND LAST.
EXHIBIT P9 THE PHOTOCOPY OF THE PASSPORT OF THE
DETENUE DR.SWATHI KRISHNA.
EXHIBIT P10 THE PHOTOCOPY OF THE CALL LOG MADE TO THE
DETENUE DR.SWATHI KRISHNA.
[TRUE COPY]
