Priyanka P.M vs Station House Officer
2022 Latest Caselaw 6494 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 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                        WP(CRL.) NO. 431 OF 2022
PETITIONER:

          PRIYANKA P.M., AGED 25 YEARS
          D/O.MOTILAL A.V, PUTHUKKERITHUNDI VEEDU,
          VENNALA -682 028 NOW RESIDING AT NEDUMPARAMBIL
          BUILDING, THANNIKKAL JUNCTION, ELAMAKKARA-682 026.

          BY ADVS.
          P.J.JOSEPH JOHN
          J.RAMKUMAR
          ASHEEK ANTONY


RESPONDENTS:

    1     STATION HOUSE OFFICER,
          PALARIVATTOM POLICE POLICE STATION,
          PALARIVATTOM PIN- 682 025.

    2     THE SUB INSPECTOR OF POLICE,
          PALARIVATTOM POLICE STATION, PALARIVATTOM PIN- 682 025.

    3     RUKMINI MOTILAL,
          AGED 58 YEARS, W/O. MOTILAL A.V, PUTHUKKERITHUNDI
          VEEDU, VENNALA -682 028.

          BY ADVS.
          AMRITA ARUN
          RESHMA E.



          BY GOVERNMENT PLEADER SRI.E.C.BINEESH


          THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(Crl) No.431 of 2022
                                        2


             K.VINOD CHANDRAN & C. JAYACHANDRAN JJ
           -----------------------------------------
                     WP(Crl) No.431 of 2022
           -----------------------------------------
                 Dated, this the 8th June, 2022

                                  JUDGMENT

Vinod Chandran, J.

The above writ petition is filed by the mother

seeking the custody of her two children, who were

allegedly detained by the maternal grandmother. The

maternal grandmother and the children appeared before us,

the former through a Counsel. The children were of an

impressionable age and since they were produced from the

custody of the grandmother, they expressed the desire to

go with the grandmother. We left them with the company

of the mother for sometime and we interacted with the

children after about two hours. They were willing to go

with the mother. By interim order dated 22.05.2022, while

we directed the children to be taken by the mother, we

also directed the Police to conduct an enquiry regarding

the circumstances in which the mother and the grandmother

were living.

2. Today, we have before us a report submitted

by the Assistant Commissioner of Police, Ernakulam WP(Crl) No.431 of 2022

furnished to us by the learned Government Pleader, which

we mark as Ext.C1 in the above writ petition and

specifically interdict the Registry from issuing copies

of the document to any persons including those who are

parties in the writ petition, unless otherwise than by

orders of this Court.

3. Having read the police report, we are

convinced that the interest of the children would be best

served if they are continued with the mother. On the

request made by the learned Counsel for the grandmother,

we permit her to visit the children on every Saturday

between 10 a.m and 5 p.m for an hour, on condition that

the certificates and other documents of the children be

handed over to the mother within a week.

Writ Petition is allowed as above. No Costs.

Sd/-

K.VINOD CHANDRAN, JUDGE

Sd/-

C.JAYACHANDRAN, JUDGE

sp WP(Crl) No.431 of 2022

APPENDIX OF WP(CRL.) NO.431/2022

PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE RECEIPT DATED 16.05.2022 ISSUED FROM THE PALARIVATTOM POLICE STATION.

RESPONDENTS' EXHIBITS:-

EXHIBIT C1 REPORT SUBMITTED BY THE ASSISTANT COMMISSIONER OF POLICE, ERNAKULAM