Citation : 2025 Latest Caselaw 7984 Ker
Judgement Date : 16 April, 2025
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.
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W.P.(Crl.) No.495 of 2025
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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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