Anbu Rosi .V vs Neelakandan
2022 Latest Caselaw 7929 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 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                  WP(CRL.) NO. 421 OF 2022
PETITIONER/S:

         ANBU ROSI .V,
         AGED 24 YEARS
         NOW RESIDING AT SNEHITHA GENDER HELP DESK,
         KUNNUMPURAM - CIVIL STATION ROAD, THAZHVARAM LN,
         KUNNUMPURAM, THRIKKAKARA, KAKKANAD, KERALA 682021
         HAVING HER ADDRESS AT 4/80-B, METTU STREET,
         VELLAIYUR, VILLUPURAM, TAMILNADU, PIN-606107.
         BY ADVS.A.K.PREETHA
         C.ANIL KUMAR
         JITHIN VARGHESE
         AMRITHA SOMASUNDARAN
         NIMISHA M.G.


RESPONDENT/S:

    1    NEELAKANDAN, AGED 27 YEARS,
         ALINCHUVADU,PAYYANANGADI VIA, TIRUR, MALAPPURAM,
         PIN-676101.
    2    VIJAY, AGED 26 YEARS,
         S/O.KUPPUSWAMY, 4/80-B, METTU STREET, VELLAIYUR,
         VILLUPURAM, TAMILNADU, PIN-606107.
    3    KUPPUSWAMY, 4/80-B, METTU STREET,
         VELLAIYUR, VILLUPURAM, TAMILNADU, PIN-606107.
    4    DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE,
         UPHILL POST, MALAPPURAM, PIN-676505
    5    STATION HOUSE OFFICER, TIRUR POLICE STATION, TIRUR
         676 101.
    6    ADDL. R6: THE STATE POLICE CHIEF OF KERALA,
         POLICE HEADQUARTERS,
         VAZHUTHACAUD P.O, THIRUVANANTHAPURAM - 695 004.
    7    ADDL.R7: THE STATE POLICE CHIEF OF TAMIL NADU,
         POST BOX NO.601,DR.RADHAKRISHNAN SALAI, MYLAPORE,
         CHENNAI-600 004
 WP(CRL.) NO. 421 OF 2022


                                -2-

    8       ADDL.R8: THE STATE POLICE CHIEF OF MAHARASHTRA,
            POLICE HEADQUARTERS, OLD COUNCIL HALL, SHAEED
            BHAGAT SINGH MARG, CITY-MUMBAI, PIN-400 001.

            ADDL.R6 TO R8 IMPLEADED AS PER ORDER DATED 19-05-
            2022 IN WP(CRL)421/2022.
     THIS    WRIT   PETITION   (CRIMINAL)   HAVING   COME   UP   FOR
ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(CRL.) NO. 421 OF 2022


                                 -3-



          K. Vinod Chandran & Jayachandran.C, JJ.
                 -------------------------------------
                 WP(CRL.) NO. 421 OF 2022
                 -------------------------------------
            Dated, this the 29th day of June, 2022.


                           JUDGMENT

K.VINOD CHANDRAN, J

The above writ petition was filed for the custody of the child

by the mother, which stands restored to the mother. The 1st

respondent is the father's cousin, the 2nd respondent is the father

and the 3rd respondent is the grandfather of the child. The

allegation was that, respondents 1 to 3 took the child away from the

legal custody of the petitioner. The police, on enquiry, traced out

the child and resumed the custody, to the petitioner. We also

interacted with the child and the mother after the custody was

resumed and are satisfied that it is in the best interest of the child

that the mother has its custody. We kept the matter pending only

since there was no appearance for respondents 1 to 3, from whose WP(CRL.) NO. 421 OF 2022

custody the child was resumed to the mother. Respondent No.1 has

not been served with notice till now. However, respondents 2 and 3

have been served notice and there is no appearance.

In the above circumstances, the child having been restored to

the custody of the mother, which we find to be appropriate, the writ

petition stands closed.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

C. JAYACHANDRAN JUDGE

uu WP(CRL.) NO. 421 OF 2022

APPENDIX OF WP(CRL.) 421/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT DATED 18.4.2022.

Exhibit P2 TRUE COPY OF THE MEDICAL REPORT OF THE PETITIONER.

Exhibit P3 TRUE COPY OF THE E MAIL SUBMITTED BY THE ORGANIZATION DHISHA SEEKING ASSISTANCE.