Anjali Menon vs District Police Chief
2023 Latest Caselaw 5654 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
       THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                 &
         THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
 FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945
                    WP(CRL.) NO. 427 OF 2023
PETITIONER:
         ANJALI MENON
         AGED 33 YEARS,D/O VASUDEVA MENON,
         PARIYAZATH VEEDU, VAYALAR P.O, VAYALAR EAST
         VILLAGE, CHERTHALA, PIN - 688524
         BY ADVS.
         MANU HARSHAKUMAR
         GOVIND CHANDRABHANU


RESPONDENTS:
    1    DISTRICT POLICE CHIEF
         CCSB ROAD, CIVIL STATION WARD ALAPPUZHA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682031
    2    STATION HOUSE OFFICER
         CHERTHALA POLICE STATION, CHERTHALA. ALAPPZUHA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682031
    3    GIREESH V R
         S/O RAMACHANDRAN NAIR, VELAMPARAMBIL VEEDU,
         PATTANAKAD P.O CHERTHALA, PIN - 688529
         BY ADVS.
         ADVOCATE GENERAL OFFICE KERALA
         J.RAMKUMAR
         S.VISHNU DAS(K/310/2014)
         DIRECTOR GENERAL OF PROSECUTION(AG-10)
         P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC
         PROSECUTOR()
THIS   WRIT    PETITION    (CRIMINAL)    HAVING     COME    UP    FOR
ADMISSION     ON   12.05.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(CRL) 427/23
                               ..2..


                         JUDGMENT

DEVAN RAMACHANDRAN, J.

Through this writ petition, the petitioner alleges that her

younger child has been abducted by the 3rd respondent.

2. There are disputes on facts between the parties; but

suffice to say, as per the present orders by the Family Court,

the custody of the alleged detenu is to be with the petitioner.

This is expressly admitted by both sides.

3. The 3rd respondent has produced the alleged detenu

before this Court and admits that his custody can be given to

the mother, subject to the orders to be issued by the Family

Court in future.

In the afore circumstances, without entering into the

merits of any of the contentions or contra-contentions between

the parties, we close this writ petition, granting custody of the

child to the petitioner; however, subject to the orders that may

be issued by the Family Court in future.

We caution the 3rd respondent not to commit any act as

has been alleged against him in this writ petition, though we

propose not to take any further action against him for having

taken away the child without the authority of the Court. WP(CRL) 427/23 ..3..

Needless to say, none of our observations herein will

affect the proceedings between the parties before the Family

Court or any other competent Court; and all their contentions

are left open.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

Sd/-

SOPHY THOMAS, JUDGE

ACR WP(CRL) 427/23 ..4..

APPENDIX OF WP(CRL.) 427/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FIR IN CRIME NO 574/2023 OF CHERTHALA POLICE STATION Exhibit P2 TRUE COPY OF IA 25/2023 OF OP(G&W) NO 324/2022 OF FAMILY COURT ALAPPUZHA Exhibit P3 TRUE COPY OF THE DEPOSITION OF PW 1 IN IA 20/2022 IN OP(G&W) NO 324/2022 OF FAMILY COURT ALAPPUZHA Exhibit P4 TRUE COPY OF FIR IN CRIME NO 1038/2022 OF CHERTHALA POLICE STATION RESPONDENT EXHIBITS Exhibit R3(a) A true copy of the OP (GW) No. 324/2022 before the Family Court, Alappuzha Exhibit R3(b) A true copy of Order dated 25.03.2022 in I.A.No.2/2022 in OP (GW) No. 324/2022 before the Family Court, Alappuzha Exhibit R3(c) A true copy of reply dated 20.04.2022 issued by Public Information Officer, Government Hospital, Alappuzha, under Right to Information Act Exhibit R3(d) A true copy of the Order dated 23.12.2022 in I.A.No. 15/2022 in OP (GW) No.324/2022 before the Family Court, Alappuzha Exhibit R3(e) A true copy of the I.A. No. 20/2022 in OP (GW) No.324/2022 before the Family Court, Alappuzha Exhibit R3(f) A true copy of the petition in I.A.

No. 22/20223 in OP (GW) No.324/2022 before the Family Court, Alappuzha Exhibit R3(g) A true copy of the objection filed by the respondent in I.A. No. 22/20223 in OP (GW) No.324/2022 before the Family Court, Alappuzha Exhibit R3(h) A true copy of the Order dated 19.04.2023 in I.A. No. 22/20223 in OP (GW) No.324/2022 before the Family Court, Alappuzha Exhibit R3(i) A true copy of the complaint submitted by this respondent to the 2nd WP(CRL) 427/23 ..5..

respondent along with acknowledgment receipt Exhibit R3(j) A true copy of the Crime No. 480/2023 of Alappuzha North Police Station