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Seema Baiju vs State Of Kerala
2025 Latest Caselaw 7984 Ker

Citation : 2025 Latest Caselaw 7984 Ker
Judgement Date : 16 April, 2025

Kerala High Court

Seema Baiju vs State Of Kerala on 16 April, 2025

Author: Amit Rawal
Bench: Amit Rawal
                                                2025:KER:32633




         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                &

              THE HONOURABLE MR. JUSTICE P.M.MANOJ

WEDNESDAY, THE 16TH DAY OF APRIL 2025 / 26TH CHAITHRA, 1947

                    WP(CRL.) NO. 495 OF 2025

PETITIONER:

         SEEMA BAIJU
         AGED 43 YEARS
         W/O. BAIJU, RESIDING AT SUKRUTHAM APARTMENTS,
         ARADHANA NAGAR 26 A, ULIYAKOVIL, KOLLAM, PIN -
         691001


         BY ADVS.
         S.SREEKUMAR (KOLLAM)
         K.VIJAYAN
         NAMITHA RAJESH
         NITHYA V.D.




RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO HOME,
         SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2    THE CITY POLICE COMMISSIONER
         KOLLAM, OFFICE OF THE COMMISSIONER OF POLICE,
         KOLLAM, PIN - 691001

    3    STATION HOUSE OFFICER
         KOLLAM EAST POLICE STATION,
         KOLLAM DISTRICT, PIN - 691001
 WP(CRL.) No. 495 OF 2025

                                  2
                                                     2025:KER:32633




     4      BIJI PRAKASH
            AGED 56 YEARS
            W/O. PRAKASH, RESIDING AT AIKKARAZHIKATH,
            SREEDURGA NAGAR 102, ULIYAKOVIL.P.O.,
            KOLLAM, PIN - 691019

    *5      ADDL. R5 NEENU RALISH
            AGED 35 YEARS, D/O. PRAKASH, RESIDING AT
            AIKKARAZHIKATH, SREEDURGA NAGAR 102,
            ULIYAKOVIL.P.O., KOLLAM-691019

    *6      ADDL.R6 VISHNU PRAKASH
            S/O. PRAKASH, RESIDING AT AIKKARAZHIKATH,
            SREEDURGA NAGAR 102, ULIYAKOVIL.P.O.,
            KOLLAM- 691019
            [ADDITIONAL RESPONDENTS 5 AND 6 ARE IMPLEADED AS
            PER ORDER DATED 16.04.2025 IN I.A. NO.1 OF 2025]


OTHER PRESENT:

            SR GP AMMINIKUTTY K

         THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION      ON   16.04.2025,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(CRL.) No. 495 OF 2025

                                        3
                                                              2025:KER:32633




                   AMIT RAWAL & P.M.MANOJ, JJ.
        ------------------------------------------------------------------
                        W.P.(Crl.) No.495 of 2025
        ------------------------------------------------------------------
                Dated this the 16th day of April, 2025


                                 JUDGMENT

AMIT RAWAL,J.

The present petition has been filed by one Seema Baiju aged

43 years, mother of the detenue (Gayathri.S.Baiju) now aged more

than 16 and half years, alleged to be in unauthorised custody of the

4th respondent.

2. The alleged detenue has appeared before us and

submitted that during her childhood, she has been living with the

daughter of the 4th respondent named Neenu Ralish at Kollam and

pursuing her studies in Kollam. Her parents i.e., the father and as

well as the petitioner mother had never met her and made any

effort to upbring her also take care of studies, must less showed

any affection of the father and mother. Now, suddenly started

interfering into her peaceful life by threatening the 4 th respondent

who is staying abroad and she doesn't want to join the company of

the mother, the petitioner nor is she in illegal custody of the 4 th

respondent or the alleged Neenu Ralish. WP(CRL.) No. 495 OF 2025

2025:KER:32633

3. In this view of the matter, we are satisfied that the

alleged detenue is living peacefully on her own wish and will and

without any force or coercion. Since there is a perceptible threat

to the life and liberty of the detenue and as well as Neenu Ralish,

we direct the 3rd respondent Station House Officer, Kollam to

provide protection to Gayathri as well as Neenu Ralish.

Writ petition stands disposed of.

Sd/-

AMIT RAWAL JUDGE

Sd/-

P.M.MANOJ JUDGE

SSS

 
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