Mohandas S Nair vs The State Of Kerala
2021 Latest Caselaw 9509 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 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943

                         WP(Crl.).No.84 OF 2021


PETITIONER/S:

                MOHANDAS S NAIR,
                AGED 41 YEARS
                SON OF SANKUNNY NAIR,PAARAYIL HOUSE,MALA
                POST,PATTITHARA VILLAGE,
                PATTAMBI TALUK,PALAKKAD DISTRICT.

                BY ADV. SRI.K.A.SALIL NARAYANAN

RESPONDENT/S:

      1         THE STATE OF KERALA
                REPRESENTED BY THE SECRETARY TO GOVERNMENT,
                HOME DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM-
                695001.

      2         THE DIRECTOR GENERAL OF POLICE AND STATE POLICE
                CHIEF,
                POLICE HEADQUARTERS,MUNICIPAL COUNCIL,
                KERALA STATE POLICE HEADQUARTERS,VAZHUTHACAUD,
                THIRUVANANTHAPURAM-695010.

      3         THE DISTRICT POLICE CHIEF PALAKKAD,
                DISTRICT POLICE OFFICE,PUDUPPALLI
                THERUVU,NURANI,PALAKKAD-678001.

      4         THE STATION HOUSE OFFICER,
                THRITHALA POLICE STATION,THRITHALA-679534,PALAKKAD
                DISTRICT.

                R1-4 BY DIRECTOR GENERAL OF PROSECUTION
                R1-4 BY GOVERNMENT PLEADER

OTHER PRESENT:

                SRI.K.B. RAMANAND (SR.PP)

     THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl.).No.84 OF 2021            2


                             JUDGMENT

Dated this the 22nd day of March 2021

M.R.Anitha, J.

This writ petition has been filed by the father of the 12 year

old girl studying at T.M.S. English Medium School, Aloor,

Thrithala.

2. According to the petitioner, the girl was missing since

the morning of 04.03.2021 from the residence at Thrithala. The

Identity Card of the daughter of the petitioner has been

produced as Ext.P1. Complaint was filed by the uncle of the

petitioner before the 4th respondent. But no crime has been

registered. The copy of the complaint filed before the District

Police Chief, Palakkad with acknowledgment are produced as

Exts.P3 and P4.

3. According to the petitioner, the minor might have been

enticed by somebody.

4. Notice was issued to the respondents and Sri. K.B.

Ramanand, learned Government Pleader appeared on behalf of

respondents. Fourth respondent has filed a report through the

learned Government Pleader.

5. Heard both sides.

6. In the report of the 4th respondent, it has been stated

that crime No.61/2021 under Section 57 of the Kerala Police Act

has been registered in pursuance of the complaint filed by

Mr.Radhakrishnan for man-missing. It is also stated that on

further enquiry it has been revealed that the relationship

between the petitioner and the mother of the alleged detenue

had already been strained and subsequently the petitioner

brought the child to his house and the child had been living with

her grandmother. Petitioner is also working in Pune,

Maharashtra and the child was lonely at her present residence.

There was regular contact between the detenue and her mother

and the daughter wants to shift her residence. In accordance

with that on 04.03.2021, the mother of the detenue came to

Cochin by flight, took her daughter and went to Nasik on the

same day by flight. At present, the detenue is living with her

mother at their House No. G-2, Diamond Nagar, Artillary Centre

Gate, Nasik Road, Nasik District, Pin - 422 401. On contacting

the mother of the detenue it has been revealed that the child is

living with the mother safely at Nasik. So the report filed by the

fourth respondent would go to show that the daughter of the

petitioner is in safe custody with her mother at Nasik. The

petitioner is also ordinarily at Pune.

7. In the above circumstances, we do not find any illegal

custody and hence there is no scope for entertaining this writ

petition for habeas corpus. Accordingly, it is dismissed. The

right of the petitioner to approach the appropriate forum for

custody is left open.

Sd/-

K.VINOD CHANDRAN

JUDGE

Sd/-

                                            M.R.ANITHA

Shg                                           JUDGE



                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           THE TRUE COPY OF THE IDENTITY CARD OF

NANDANA,THE DETENUE,ISSUED BY THE SCHOOL AUTHORITIES.

EXHIBIT P2 THE TRUE COPY OF THE AADHAR CARD OF NANDANA.M.NAIR,BEARING NO.7987 6720 7239,ISSUED BY THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA.

EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT DATED 12.03.2021 BEFORE THE DISTRICT POLICE CHIEF,PALAKKAD.

EXHIBIT P4 THE TRUE COPY OF THE ACKNOWLEDGEMENT OF EXT.P3 COMPLAINT.

EXHIBIT P5 THE TRUE COPY OF THE AFFIDAVIT SWORN BY RADHAKRISHNAN.K,UNCLE OF THE PETITIONER.