Joemon vs The Commissioner Of Police
2021 Latest Caselaw 20203 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                   &
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    SATURDAY, THE 25TH DAY OF SEPTEMBER 2021 / 3RD ASWINA, 1943
                       W.P(CRL.) NO.140 OF 2020-S
PETITIONER/S:

           JOEMON, AGED 44 YEARS, S/O. LATE GABRIEL BABU,
           MANNOOPARABIL HOUSE, I.S. PRESS ROAD,
           ERNAKULAM 682 018.
           BY ADV SRI.PAUL K.VARGHESE


RESPONDENT/S:

    1      THE COMMISSIONER OF POLICE,
           OFFICE OF THE COMMISSIONER POLICE, KOCHI,
           ERNAKULAM 682 018.
    2      THE SUB INSPECTOR OF POLICE,
           CENTRAL POLICE STATION, ERNAKULAM 682 018.
    3      AMITA DEVI JOSNAN, AGED 34 YEARS, D/O.JOSE THOTTIPATTU,
           CRA 65, DEVI NIVAS, THOTTIPPATU HOUSE, HARITHA NAGAR,
           CHAMBAKARA ROAD, POONITHURA P.O., ERNAKULAM 682 038.
           BY ADVS.
           R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN
           SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR
           R3 BY ADV.SMT.K.MEERA
           R3 BY ADV.SRI.BOBY MATHEW.


          THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD
ON 25.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl).140 of 2020              - 2 -




              K.Vinod Chandran & Ziyad Rahman A.A., JJ.
              -----------------------------------------
                       W.P(Crl)No.140 of 2020-S
              -----------------------------------------
                  Dated this the 25th September 2021

                                JUDGMENT

Vinod Chandran, J.

Considering the confined jurisdiction we are

exercising in a writ petition (criminal) seeking a writ of

of habeas corpus, we directed the child to be produced. The

child has also interacted with the father. The learned

Counsel for the petitioner submits that he will seek further

remedies in accordance with Exhibit P2 judgment in the

appropriate forum. In such circumstances, reserving such

liberty we close the writ petition.

Sd/-

K.Vinod Chandran Judge

Sd/-

Ziyad Rahman A.A.

Judge vku/-

WP(Crl).140 of 2020 - 3 -

APPENDIX OF WP(CRL.)NO.140/2020-S

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ORDER OF THE FAMILY COURT, ERNAKULAM IN I.A. NO. 474/2018 IN O.P. NO.2315/2017 DATED 26.2.2018. EXHIBIT P2 A TRUE COPY OF THE JUDGMENT IN O.P.(FC) NO.108/2018 ON THIS HONBLE COURT DATED 6.3.2018.

EXHIBIT P3 A TRUE COPY OF THE RELEVANT PAGES OF THE BOOK MAINTAINED IN THE FAMILY COURT, ERNAKULAM.

EXHIBIT P4 A TRUE COPIES OF WHATSAPP MESSAGES SENT BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P5 A TRUE COPY OF THE ORDER NO.40/3/2020DM ISSUED BY THE HOME SECRETARY, GOVERNMENT OF INDIA, DATED 24.03.2020.

EXHIBIT P6 A TRUE COPY OF THE JUDGMENT IN WP(CRL).NO.113/2020 DATED 8.6.2020. EXHIBIT P7 A TRUE COPY OF THE COMPLAINT FIELD BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 25.6.2020.

EXHIBIT P8 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25.6.2020.

Exhibit P9 A TRUE COPY OF THE LABORATORY REPORT DATED 06.04.2021 OF THE P S MISSION HOSPITAL. Exhibit P10 A TRUE COPY OF THE REPORT ISSUED BY THE DDRC SRL DIAGNOSTIC SERVICES DATED 06.04.2021. Exhibit P11 A TRUE COPY OF CLINICAL EXAMINATION REPORT OF THE ASTER MEDCITY DATED 04.01.2020.

RESPONDENT'S EXHIBITS:

EXHIBIT R1 TRUE COPY OF THE DISCHARGE SUMMARY DATED 04.01.2020 ISSUED BY THE ASTER MEDICITY HOSPITAL, ERNAKULAM.

EXHIBIT R1(a) TRUE COPY OF THE LAB REPORT DATED 21.01.2021.

 WP(Crl).140 of 2020           - 4 -




EXHIBIT R1(b)         TRUE COPY OF THE MEDICAL PRESCRIPTION
                      DATED 23.01.2021.
EXHIBIT R1(c)         TRUE COPY OF THE LAB REPORT DATED 06.04.2021.
EXHIBIT R1(d)         TRUE COPY OF THE MEDICAL CERTIFICATE
                      DATED 11.09.2021.