Kerala High Court
Parameswaran T vs State Of Kerala on 10 May, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
WP(CRL.) NO. 492 OF 2024
PETITIONERS:
1 PARAMESWARAN T,
AGED 76 YEARS, S/O NARAYANAN,
THALIYADETH (H), PUZHAMPROM BIYYAM P O,
PONNANI MALAPPURAM, PIN - 679 576.
2 LALITHA K A,
AGED 75 YEARS, W/O PARAMESWARAN T,
THALIYADETH (H), PUZHAMPROM BIYYAM P O,
PONNANI MALAPPURAM, PIN - 679 576.
BY ADVS.
PRAVEEN K. JOY
T.A.JOY
E.S.SANEEJ
M.P.UNNIKRISHNAN
N.ABHILASH
DEEPU RAJAGOPAL
FATHIMA SHALU S.
ARDRA ANIL
ALBIN VARGHESE
ABISHA.E.R
ANUPAMA NAIR
RESPONDENTS:
1 STATE OF KERALA,
REP. BY SECRETARY,HOME DEPARTMENT, SECRETARIAT,
TRIVANDRUM, PIN - 695 001.
2 THE SUPERINTENDENT OF POLICE ALLAPPEY,
OFFICE OF THE SUPERINTENDENT OF POLICE (RURAL) ALLAPEY,
PIN - 688 012.
3 THE STATION HOUSE OFFICER,
HARIPAD POLICE STATION, PIN - 690 514.
WP(CRL.) NO. 492 OF 2024
2
4 VEENA S. RAVEENMDRAN,
AGED 41 YEARS,
D/O S.RAVEENDRAN RAJEEVAM, MUTTOM, HARIPAD,
ALLAPUZHA, PIN - 690 514.
BY ADVS.
A.PARVATHI MENON
P.SANJAY(K/000381/1992)
BIJU MEENATTOOR(K/620/1992)
INDIRA.K.P.(K/000085/1984)
PAUL VARGHESE (PALLATH)(K/000171/2017)
KIRAN NARAYANAN(K/000131/2018)
RAHUL RAJ P.(K/547/2020)
MUHAMMED BILAL.V.A(K/1033/2023)
MEERA R. MENON(K/002575/2023)
BASILA BEEGAM(K/2283/2022)
DEVIKA S. PRASAD(K/000975/2024)
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 10.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(CRL.) NO. 492 OF 2024
3
GOPINATH P. & SYAM KUMAR V.M., JJ.
================
W. P (Crl.) No.492 of 2024
=================
Dated this the 10th day of May, 2024
JUDGMENT
GOPINATH P, J.
This is an application for a writ of Habeas Corpus. The alleged
detenu is the grandson of the petitioners (through their deceased
son). The 4th respondent is the mother of the child. The alleged
detenu is 17 years and 7 months old. It is the case of the petitioners
that after the remarriage of the 4 th respondent, the alleged detenu is
under illegal detention and is suffering torture at the hands of his
step father and the 4th respondent.
2. The 4th respondent and the alleged detenu are present in
Court. We have interacted with them. We have also interacted with
the petitioners. The alleged detenu is to attain the age of majority on
09.10.2024. He is very firm in his statement before us that he is not
under any illegal detention and he is very happy to live with the 4 th
respondent. We have no reason to believe that the said statement of
WP(CRL.) NO. 492 OF 2024
the alleged detenu is in any way manipulated or tutored.
3. We are therefore of the view that no ground has been
made out for issuance of a writ of Habeas Corpus.
4. At this juncture, the learned counsel appearing for the
petitioners would submit that the petitioners are senior citizens aged
76 and 75 years and they may be permitted to interact with the
alleged detenu and if possible take him out for lunch. The learned
counsel appearing for the 4th respondent has graciously agreed that
her client has no objection and provided she is also allowed to
accompany the alleged detenu to lunch with the petitioners. The
learned counsel appearing for the 4 th respondent has also submitted
that the 4th respondent has no objection in the petitioners contacting
the alleged detenu over phone and they can contact him over
telephone No.8072605925.
4. Having regard to the above submissions, this writ petition
will stand closed, permitting the petitioners to interact with the
alleged detenu (Adithya T Nisheeth) in the presence of the 4 th
respondent over lunch today. We also record the submission of the
learned counsel for the 4th respondent that the petitioners will be
permitted to have regular contact with the alleged detenu over
WP(CRL.) NO. 492 OF 2024
telephone No. 8072605925 subject to the school / college timings
etc..
The writ petition is closed accordingly.
Sd/-
GOPINATH P.
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
DK
WP(CRL.) NO. 492 OF 2024
APPENDIX OF WP(CRL.) 492/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE PHOTOCOPY OF THE DISCHARGE
SUMMARY OF THE 4TH RESPONDENT ISSUED BY
ST.THOMAS HOSPITAL, CHENNAI
Exhibit P2 TRUE PHOTOCOPY OF THE DIVORCE PETITION
OP 3820/2016 DATED 28.09.2016 BEFORE THE
HONOURABLE FAMILY COURT CHENNAI
Exhibit P3 TRUE COPY OF DEATH CERTIFICATE OF
PETITIONER SON OF GREATER CHENNAI
CORPORATION DATED 10.07.2019
Exhibit P4 TRUE COPY OF LEGAL HEIRSHIP CERTIFICATE
DATED 02.11.2019 ISSUED BY TAHSILDAR,
PONNANI
Exhibit P5 TRUE COPY OF TAX RECEIPT DATED
17.04.2024 WITH NO KL10030303235/2024 OF
EUZHUVATHIRUTHI VILLAGE OFFICE
Exhibit P6 TRUE COPY OF TAX RECEIPT DATED
17.04.2024 WITH NO KL10030303274/2024 OF
EUZHUVATHIRUTHI VILLAGE OFFICE
Exhibit P7 TRUE COPY OF RECEIPT DATED 04.05.2024 OF
PONNANI MUNICIPALITY
Exhibit P8 TRUE COPY OF PHOTOGRAPH OF THE SECOND
MARRIAGE OF 4TH RESPONDENT AS UPLOADED
IN FACEBOOK
Exhibit P9 TRUE COPY OF THE COMPLAINT BEFORE THE
2ND RESPONDENT
RESPONDENT EXHIBITS
Exhibit R4(1) TRUE COPY OF THE EXPERIENCE CERTIFICATE
ISSUED BY MN EYE HOSPITAL PVT LTD DATED
25.02.2018
Exhibit R4(2) TRUE COPY OF THE EXPERIENCE CERTIFICATE
ISSUED BY CENTRE FOR VISION AND EYE
SURGERY, CHENNAI DATED 28.02.2024
Exhibit R4(3) TRUE COPY OF THE CERTIFICATE OF
EXPERIENCE ISSUED BY BHARAT EYE CARE AND
SURGERY CENTRE, PUNALUR DATED 14.02.2024
Exhibit R4(4) TRUE COPY OF EXPERIENCE CERTIFICATE
ISSUED BY VSM HOSPITAL, MAVELIKKARA
DATED 19.02.2024
Exhibit R4(5) TRUE COPY OF THE MEMO FILED BY ME IN
WP(CRL.) NO. 492 OF 2024
Exhibit R4(6) TRUE COPY OF THE ORDER PASSED BY THE
LEARNED FAMILY COURT, CHENNAI DATED
29.07.2019
Exhibit R4(7) TRUE COPY OF SCREENSHOT OF CALL RECORDS
DATED NILL
Exhibit R4(8) TRUE COPY OF THE RETURN TICKET FOR
10.05.2024
Exhibit R4(9) SCREENSHOT OF THE PAYMENT MADE TO THE
2ND PETITIONER'S ACCOUNT IN MAY, 2024
