Kerala High Court
WP(Crl.)/481/2016 of ANOOB MECKILD K.M Vs ANJU GEORGE on 30 December 2016
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938 WP(Crl.).No. 481 of 2016 (S) ----------------------------- PETITIONER(S): ------------- ANOOB MECKILD K.M., AGED 31
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE &
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938
WP(Crl.).No. 481 of 2016 (S)
-----------------------------
PETITIONER(S):-------------
ANOOB MECKILD K.M., AGED 31 YEARS, KONNULLY HOUSE, JESUS CROSS ROAD, VADUTHAL P.O., ERNAKULAM-682 023.
BY ADV. SRI.K.V.ARUN KUMAR
RESPONDENT(S):
--------------
1. ANJU GEORGE,
D/O.GEORGE JOSEPH, ARAYANICKAL HOUSE, VADASSERY, KOTTAPPADY PO, KOTHAMANGALAM, ERNAKULAM-686 695.
2. GEORGE JOSEPH,
ARAYANICKAL HOUSE, VADASSERY, KOTTAPPADY PO, KOTHAMANGALAM, ERNAKULAM-686 695.
3. LISSY GEORGE,
W/O.GEORGE JOSEPH, ARAYANICKAL HOUSE, VADASSERY, KOTTAPPADY PO, KOTHAMANGALAM, ERNAKULAM-686 695.
4. THE SUB INSPECTOR OF POLICE,
KOTTAPPADY POLICE STATION, KOTHAMANGALAM-686 695.
5. THE SUPERINTEND OF POLICE,
ERNAKULAM RURAL, ALUVA-683 101.
6. THE COMMISSIONER OF POLICE, KOCHI CITY-682 011.
R2-R3 BY ADV. SRI.ALEXANDER JOSEPH R4-R6 BY GOVERNMENT PLEADER SMT.K.R.DEEPA
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 481 of 2016 (S)
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APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
EXHIBIT P1 THE COPY OF THE CITIZENSHIP CERTIFICATE.
EXHIBIT P2 THE COPY OF THE COMPLAINT LODGED BEFORE THE POLICE AUTHORITY AT CAIRNS AT AUSTRALIA DATED 6-12-2016. AUTHORITY AT CAIRNS AT AUSTRALIA DATED 6-12-2016.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT LODGED BEFORE 4TH AND 5TH RESPONDENTS DATED 19-12-2016. RESPONDENTS DATED 19-12-2016.
RESPONDENT(S)' EXHIBITS
-----------------------
EXT.R2(a): TRUE COPY OF THE DISCHARGE SUMMARY DTD.9.8.2016 ISSUEDBY THE RAJAGIRI HOSPITAL ALUVA.BY THE RAJAGIRI HOSPITAL ALUVA.
EXT.R2(b): TRUE COPY OF THE COMPLAINT DTD.17.8.2016 OF THE 1ST RESPONDENT.1ST RESPONDENT.
EXT.R2(c): TRUE COPY OF THE POSTAL COVER RECEIVED BY THE 1ST RESPONDENT.1ST RESPONDENT.
EXT.R2(d): TRUE COPY OF THE INTERIM INTERVENTION ORDERDTD.20.12.2016 PASSED BY THE MAGISTRATE COURT OFVICTORIA.DTD.20.12.2016 PASSED BY THE MAGISTRATE COURT OFVICTORIA.
//TRUE COPY//
msv/
P.S.TO JUDGE
A.M. SHAFFIQUE & ANU SIVARAMAN, JJ.
===========================W.P(Crl) No.481 of 2016
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Dated this, the 30[th] day of December, 2016
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J U D G M E N T
Shaffique, J.
This writ petition has been filed by father of detenue allegingthat the detenue was in the illegal custody of respondents 2 and 3.1[st] respondent is the wife of the petitioner. By an interim orderdated 23/12/2016, this Court had directed respondents 2 and 3 toproduce the minor child before this Court. The case was posted on27/12/2016. On 27/12/2016, this Court directed respondents 2 and 3to be present in Court on 30/12/2016 with the detenue child, ifavailable and respondents 4 to 6 were directed to report about thewhereabouts of the detenue.
2. When the matter came up for hearing today, respondents2 and 3 are present. They are represented by counsel. Counteraffidavit is filed by the 2[nd] respondent. Learned counsel for the 2[nd]respondent submits that the 1[st] respondent has taken the child to WP(Crl) No.481/16
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Australia on 26/12/2016. The Sub Inspector of Police is alsopresent before this Court. He also submitted that the child wastaken by the mother to Australia on 26/12/2016 and necessarydetails had been obtained from the Immigration Department.
3. Having regard to the fact that the child is not in theillegal custody of respondents 2 and 3, we do not think that thereis any reason for this Court to interfere in the matter. The child iswith the mother and as matters stand now, the detenue child hadbeen taken to Australia. The petitioner is also a citizen ofAustralia. No further direction is required to be issued in thematter.
Writ petition is, therefore, closed.
A.M. SHAFFIQUE, JUDGE
ANU SIVARAMAN, JUDGE