Kerala High Court
Hariharasudhan.K vs State Police Chief, Kerala on 27 October, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
2025:KER:80321
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
MONDAY, THE 27TH DAY OF OCTOBER 2025 / 5TH KARTHIKA, 1947
WP(CRL.) NO. 1433 OF 2025
PETITIONER:
HARIHARASUDHAN.K, AGED 40 YEARS
S/O KUMARAN, VADAKKADATHU VEEDU,
KALLUVETTAM KUZHI, NADUVILAKKARA,
MUKHATHALA P.O, KOLLAM,
PIN - 691577
BY ADVS.
SRI.V.RENJITH KUMAR
SHRI.MOHAPRASEED MOHAN
SHRI.ADARSH SANJEEVAN
RESPONDENTS:
1 STATE POLICE CHIEF, KERALA,
KERALA POLICE HEADQUARTERS,
VAZHUTHAKKADU P.O,
THIRUVANANTHAPURAM, PIN - 695010
2 DISTRICT POLICE CHIEF (ERNAKULAM RURAL)
ALUVA, OPPOSITE POWER HOUSE, MUNNAR ROAD,
ALUVA P.O, ERNAKULAM, PIN - 683108
3 STATION HOUSE OFFICER, KALADY POLICE STATION,
KALADY P.O, ERNAKULAM, PIN - 683574
4 DIVYA DINESH, AGED 33 YEARS, D/O DINESH,
VADAKKADATHU VEEDU, KALLUVETTAM KUZHI,
NADUVILAKKARA, MUKHATHALA P.O, KOLLAM,
PIN - 691577
5 GRAMA SEVA SAMITHI, REG NO. ER 353/80,
MATHRUCHAYA BALABHAVAN, CHOWARA P.O,
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2
ALUVA, ERNAKULAM REPRESENTED BY ITS
AUTHORISED OFFICER, PIN - 683571
6 DINESH SREEDHARAN, S/O SREEDHARAN ACHARI,
VADAKKADATHU VEEDU, KALLUVETTAM KUZHI,
NADUVILAKKARA, MUKHATHALA P.O, KOLLAM,
PIN - 691577
7 AJITHA.N, W/O DINESH SREEDHARAN, VADAKKADATHU
VEEDU, KALLUVETTAM KUZHI, NADUVILAKKARA,
MUKHATHALA P.O, KOLLAM, PIN - 691577
BY ADVS.
SRI. M B SUNILNATH G P
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 27.10.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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3
JUDGMENT
Devan Ramachandran, J.
This Writ Petition has been filed by the father of a 13 year
old boy, alleging that he has been illegally detained by the 4 th
respondent - his mother, by entrusting him, against his wishes, in
an 'orphanage' being run by the 5th respondent.
2. The 4th respondent and 6th and 7th respondents - who
are the maternal grandparents of the 'alleged detenue', were
present before us; as also the petitioner, along with his younger
son. We had an interaction with the parties and they affirmed that
the elder child ('alleged detenue') is remaining in an institution run
by the 5th respondent.
3. The 4th respondent explained that, since she is working
outside Kerala, she was not in a position to take care of the
children; but that, since the atmosphere in her maternal home is
also vitiated on account of the drinking habits of her father, she
thought it better, for her elder son, to be in a boarding school
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and that she chose the one run by the 5 th respondent, being
without any other choice.
4. The learned Government Pleader - Sri.Sunil Nath,
submitted that the Police have made enquiries to find that the
child is accommodated in an institution run by the 5 th respondent
and that he had been entrusted to it by the 4th respondent.
5. As shocking it may be for anyone to hear, we were also
totally taken aback by the turn of events and asked the parties to
talk to each other and then took the matter after some time.
6. Mercifully, the learned counsel for the parties, as also
their respective clients, informed us of a settlement, that the
children can be with their maternal grandparents because the
petitioner-father is only concerned about their well-being. We
certainly appreciate this and are of the view that it is for us to
intervene and make proper arrangements.
7. This is more so since we cannot approve the children to
be living away from each other, particularly in the present stage
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of their lives, which are very formative and when their sibling
bond should grow strong. Add to this, the fact that the 'alleged
detenue' is in a kind of orphanage run by the 5th respondent is
also rather heartbreaking.
Since both sides agree that the children can be with
respondents 6 and 7, who affirm and undertake that they will take
care of them, including by providing for their schooling and such
other, with the full consent and support of the petitioner, we
allow this Writ Petition with the following directions:
a) We order the 5th respondent - Grama Seva Samithi to
release the child in question to the petitioner, on him presenting a
copy of this judgment, along with an application, as is necessary
as per their rules.
b) On the 'alleged detenue' being so released, the
petitioner will entrust him, along with his younger son, to
respondents 6 and 7, who will then take care of them under such
arrangement.
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c) The agreement of the 4th respondent to the afore course
is recorded.
d) We further record the undertaking of the petitioner,
that he will provide for the schooling and all other necessities of
the children; and that, for the time being, they can be with
respondents 6 and 7 - grandparents.
This Writ Petition is ordered in the afore terms, however,
clarifying that every remedy of the petitioner and the 4 th
respondent is fully left open, including to approach the legal
Forums, including this Court, if it becomes so necessary.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B. SNEHALATHA
JUDGE
RR
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APPENDIX OF WP(CRL.) 1433/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PHOTOGRAPH OF THE
PETITIONER AND HIS ELDER SON ROHITH
Exhibit P2 THE TRUE COPY OF THE COMPLAINT DATED
09/10/2025 SENT BY THE PETITIONER TO THE
3RD RESPONDENT
