Henin Spenzer vs The State Police Chief
2021 Latest Caselaw 21187 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                 THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                        &
                     THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
         WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                             WP(CRL.) NO. 226 OF 2021
PETITIONER:

              HENIN SPENZER,AGED 49 YEARS
              S/O. ELIZER, PARAKKUDIVILA VEEDU, CHERUVORKONAM P.O.,
              PARASSALA, THIRUVANANTHAPURAM-695502.
              BY ADV SRI NAVEEN RADHAKRISHNAN

RESPONDENTS:

     1        THE STATE POLICE CHIEF,
              STATE OF KERALA, POLICE HEAD QUARTERS,
              THIRUVANANTHAPURAM-695001.
     2        THE DISTRICT POLICE CHIEF,
              DISTRICT POLICE HEAD QUARTERS,
              THIRUVANANTHAPURAM-695001.
     3        THE CIRCLE INSPECTOR OF POLICE,
              PARASSALA POLICE STATION,
              THIRUVANANTHAPURAM DISTRICT-695502.
     4        SUB INSPECTOR OF POLICE,
              PARASSALA POLICE STATION,
              THIRUVANANTHAPURAM DISTRICT-695502.
     5        ASHOK ROBERT,AGED 23 YEARS
              S/O. ROBERT, KALAULAM, MARTHANDAM,
              KANYAKUMARI DISTRICT-629165.
     6        ROBERT,AGED 50 YEARS
              KOLLAULAM, KOLLAULAM, MARTHANDAM,
              KANYAKUMARI DISTRICT-629165.




OTHER PRESENT:

              SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN



     THIS     WRIT    PETITION   (CRIMINAL)    HAVING   BEEN   FINALLY   HEARD   ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl.)No.226 of 2021                 - 2 -




                 K.Vinod Chandran & C.Jayachandran, JJ.
                  ------------------------------------
                        WP(Crl.) No.226 of 2021-S
                  ------------------------------------
                    Dated, this the 20th October 2021

                                      JUDGMENT

Vinod Chandran,J.

The petitioner was concerned with the whereabouts of

his minor daughter who is only sixteen years old as per

Ext.P1 certificate. The petitioner apprehended that the 5th

respondent who had established contact with the minor girl

through social media and facebook has enticed the girl into a

relationship. The petitioner alleged illegal detention of his

daughter.

2. In the order dated 5.10.2021 we noticed the

submission of the learned Government Pleader that there is a

team constituted to trace out the daughter of the petitioner.

We directed her production before the Jurisdictional

Magistrate on any date with notice to the petitioner, on her

being traced out. Today the learned Government Pleader has

filed a report of the Inspector of Police Parassala informing

us the course of investigation. The detenue was traced out on

14.10.2021 from the State of Karnataka. She was brought to

the Parassala Police Station on 15.10.2021 and after

recording her statement the petitioner was informed. She was

also produced before the JFCM Court, Neyyattinkara and a

statement recorded under S.164. The girl being a minor she

was sent to the residence of her maternal aunt as per the

wish expressed by the victim herself. The offences in the

crime earlier registered has been altered by adding

provisions of the IPC and also the POCSO Act. The alleged

kidnappers, the respondents 5 and 6 and the wife of the 6 th

respondent were also arrested and produced before the

Jurisdictional Magistrate, Neyyattinkara who has remanded the

accused till 28.10.2021.

Since the alleged detenue has been traced out, we

are of the opinion that we need not keep the writ petition

pending. The writ petition hence would stand closed.

Sd/-

K. Vinod Chandran Judge

Sd/-

C.Jayachandran, Judge jma/-

APPENDIX OF WP(CRL.) 226/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MARK LIST ISSUED BY GOVERNMENT OF KERALA IN SSLC 2020 SECONDARY SCHOOL LEAVING CERTIFICATE SHOWING THE AGE OF DAUGHTER OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 09/09/2021 FILED BEFORE THE 3RD RESPONDENT.