SWAMY DURAI ALIAS MURUGA versus S.I.OF POLICE, KOZHIKODE POLICE STATION

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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SWAMY DURAI ALIAS MURUGA v. S.I.OF POLICE, KOZHIKODE POLICE STATION - WP(Crl) No. 71 of 2007(S) [2007] RD-KL 7089 (3 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(Crl) No. 71 of 2007(S)

1. SWAMY DURAI ALIAS MURUGA,
... Petitioner

2. KALLY AMMA ALIAS MONY, AGED 44 YEARS,

Vs

1. S.I.OF POLICE, KOZHIKODE POLICE STATION,
... Respondent

2. S.I.OF POLICE, ALAPPUZHA POLICE

3. STATE REPRESENTED BY SECRETARY

4. DIRECTOR, SOCIAL WELFARE DEPARTMENT,

For Petitioner :SRI.MATHAI EAPPEN

For Respondent : No Appearance

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

Dated :03/04/2007

O R D E R

J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.

W.P.(Crl).NO. 71 OF 2007

Dated this the 3rd day of April, 2007.

JUDGMENT

Koshy, J.

This is a petition for Habeas Corpus. It is stated that petitioner's two young girls are kept in Alappuzha Nornad Children home and Kozhikode Juvenile Home respectively. According to the petitioner they are under illegal custody. Learned Government Pleader submitted that two children were found without any hold in the street and they were produced before the Chief Judicial Magistrate and they were entrusted for safe custody by the CJM and children are happily studying in the schools. The petitioners already approached the Juvenile Court. Petitioner can also approach the CJM since the children were entrusted by that court. It is for the petitioner to prove that they are his children by way of DNA test or other by other evidences. Since the children were entrusted on the basis on the courts orders, it is for the petitioner to approach the CJM for appropriate orders. No other remedy is available to the petitioner. Without prejudice to other remedies, this Writ Petition is dismissed.

J.B.KOSHY, JUDGE.

T.R.RAMACHANDRAN NAIR, JUDGE.

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