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Kerala High Court
Rose Smitha vs Director General Of Police on 11 December, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
2025:KER:95685
WP(Crl.)Nos.1718 & 1720/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 11TH DAY OF DECEMBER 2025 / 20TH AGRAHAYANA, 1947
WP(CRL.) NO. 1718 OF 2025
PETITIONERS:
CHALANA .P, AGED 41 YEARS
D/O BEENA V.C., VARNARKKAM POYIL, CHALIL HOUSE, CHOVVA,
KANNUR DISTRICT - 670006, NOW RESIDING AT CHETTIPARAMBIL
(H), PONEKKARA, EDAPPALLY NORTH, ERNAKULAM DISTRICT, PIN -
682041
BY ADV SHRI.GODWIN JOSEPH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 COMMISSIONER OF POLICE, ERNAKULAM CITY,
O/O COMMISSIONER OF POLICE, MARINE DRIVE WALKWAY,
MARINE DRIVE, ERNAKULAM, PIN - 682011
3 STATION HOUSE OFFICER, ELAMAKKARA POLICE STATION,
THANIKKAL KEERTHI NAGAR ROAD, KEERTHI NAGAR, MAMANGALAM,
ELAMAKKARA, ERNAKULAM DISTRICT, PIN - 682026
4 NELSON, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
CHIRAKKAL (H), PUTHVYPIN, THONIPALAM, PUTHUVYPE, ERNAKULAM
DISTRICT, PIN - 682508
5 ROSE SMITHA, AGE NOT KNOWN TO THE PETITIONER, W/O NELSON,
CHIRAKKAL (H), PUTHVYPIN, THONIPALAM, PUTHUVYPE, ERNAKULAM
DISTRICT, PIN - 682508
SRI N B SUNIL NATH-GP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
11.12.2025, ALONG WITH WP(Crl.).1720/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:95685
WP(Crl.)Nos.1718 & 1720/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 11TH DAY OF DECEMBER 2025 / 20TH AGRAHAYANA, 1947
WP(CRL.)NO.1720 OF 2025
PETITIONER:
ROSE SMITHA, AGED 45 YEARS
W/O NELSON, CHIRAKKAL HOUSE, PUTHUVYPIN, THONIPALAM,
ERNAKULAM, PIN - 682508
BY ADVS. SHRI.ANEESH K.R
SHRI.JOSEPH BEN
RESPONDENTS:
1 DIRECTOR GENERAL OF POLICE
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN - 695010
2 COMMISSIONER OF POLICE
ERNAKULAM CITY, COMMISSIONER OFFICE, REVENEUE TOWER,
ERNAKULAM, PIN - 682031
3 THE STATION HOUSE OFFICER, NJARAKKAL
NJARAKKAL POLICE STATION, NJARAKKAL, ERNAKULAM, PIN -
682058
4 THE STATION HOUSE OFFICER, ERNAKULAM CENTRAL
ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM, PIN - 682031
5 ANANTHAKRISHNAN, AGED 18 YEARS
S/O SUNIL KUMAR, CHETHIPARAMBIL HOUSE, PONEKKARA,
EDAPPALLY NORTH VILLAGE, ERNAKULAM CITY, PIN - 682024
6 SUNIL KUMAR, CHETHIPARAMBIL HOUSE, PONEKKARA,
EDAPPALLY NORTH VILLAGE, ERNAKULAM CITY, PIN - 682024
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
11.12.2025, ALONG WITH WP(Crl.)1718/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:95685
WP(Crl.)Nos.1718 & 1720/2025
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JUDGMENT
[WP(Crl.) Nos.1718/2025, 1720/2025]
Devan Ramachandran, J.
These two writ petitions have been filed by the
parents of two young children - a boy of 18 and a
girl of 17 - accusing the party respondents in each
other, of detaining their respective child.
2. Obviously, we will have to hear these
matters together.
3. As we have said above, the allegations of
the petitioners is that their respective child is
being detained by the other; but when the matter was
called today, both the children were produced before
us by the Police.
4. We interacted with the girl - who is the
alleged detenue in W.P.(Crl.)No.1720/25, who told us
that she is now 17 years and that she has friendship
2025:KER:95685
WP(Crl.)Nos.1718 & 1720/2025
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with the alleged detenue in W.P.(Crl)No.1718/2025.
She added that they travelled together to Trivandrum
because they wanted to "escape from their respective
houses"; making it clear to us that she has not been
subjected to any danger or misbehaviour by any
person and that she has no complaints against the
alleged detenue in W.P.(Crl)No.1718/2025. She added
that she wants to return with her parents.
5. As far as the alleged detenue in W.P.
(Crl)No.1718/2025 is concerned, he told us that he
was frustrated with certain events in his house,
particularly because of the marital discord between
his parents; and that he wanted to "run away", when
he saw that the alleged detenue in the other case is
also suffering; and hence that they proceeded
together to Trivandrum. He affirmed that they have
no other relationship other than this; and that
since his parents now tell him that they will all
2025:KER:95685
WP(Crl.)Nos.1718 & 1720/2025
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live together in harmony, he wants to return with
them.
6. It is thus obvious that we are required to
issue no further orders in these cases since the
'alleged detenues' - children are not in detention,
but appear to have travelled on their own, seeking
"solace" from the atmosphere in their residences.
7. We surely empathise with the children, but
what they have done could have subjected them to
severe danger, especially the girl.
8. In the afore circumstances, we dismiss
both these writ petitions, recording that the
respective "alleged detenue" has returned with
his/her parents from this Court.
9. We place on record our commendation for
the police officers, who have traced the children
swiftly, and thus enabling them to be back with
their respective parents.
2025:KER:95685
WP(Crl.)Nos.1718 & 1720/2025
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To protect the privacy of the parties, we
direct the Registry to anonymise the names of the
detenues, wherever found in these files, forthwith.
sd/-
DEVAN RAMACHANDRAN
JUDGE
sd/-
M.B. SNEHALATHA
JUDGE
jes
2025:KER:95685
WP(Crl.)Nos.1718 & 1720/2025
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APPENDIX OF WP(CRL.) NO. 1718 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE CERTIFICATE DATED
06.12.2025 ISSUED BY THE PRINCIPAL, SRV GOVT.
(MODEL) HIGHER SECONDARY SCHOOL, ERNAKULAM
Exhibit P1(a) A TRUE COPY OF THE IDENTITY CARD OF THE MR.
ANANDHAKRISHNAN C.S., (SON OF THE PETITIONER)
ISSUED FROM SRV GOVT. (MODEL) HIGHER
SECONDARY SCHOOL, ERNAKULAM
Exhibit P2 A TRUE COPY OF THE OP TICKET DATED 25.10.2025
OF THE DETENUE ISSUED FROM THE GENERAL
HOSPITAL, ERNAKULAM
Exhibit P3 A TRUE COPY OF THE FIR DATED 03.12.2025 IN
CRIME NO. 726/2025 OF ELAMAKKARA POLICE
STATION
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APPENDIX OF WP(CRL.) NO. 1720 OF 2025
PETITIONER EXHIBITS
Exhibit P1 . THE TRUE COPY OF THE COMPLAINT DATED
06.12.2025 TO RESPONDENT NO 1 TO 4
