C S Dias, J.

1. The petitioner, donning the role of a whistleblower, seeks a writ of habeas corpus on the assertion that, his neighbour a 16 year old female child named "Gracemol" is under the illegal confinement of her father - the 3rd respondent.

2. The petitioner has averred in the writ petition that the child "Gracemol" (the alleged detenue) is being continuously tortured by the 3rd respondent. He asserts that he has filed the writ petition only to protect the best interest of the detenue and he has no other personal interest.

3. According to the petitioner, the detenue was brutally tortured by her father on 22.11.2019. The detenue approached his friend, one Sabu C.S and stated that she does not want to live with her father, as her father is physically and mentally torturing her.

4. The petitioner has further averred that the detenue approached Sabu C.S and requested him to marry her, but he requested the detenue to return to her parental home. While so, the parents of the detenue filed a complaint before the 1 st respondent, and a case was registered under Section 57 of the Kerala Police Act. The petitioner and the other neighbours contacted Sabu C.S and requested him to return with the detenue; he stated that he was apprehensive of his life, as the 3rd respondent and his men would cause hurt to him. Therefore, Sabu.C.S. surrendered before the Hill Palace Police Station, Thripunithura. Crime No.1468/2019 was registered against Sabu C.S for offences punishable under Section 366A and 370 of I.P.C. He was arrested, and his bail application was dismissed by the jurisdictional Magistrate.

5. It is also averred that the detenue was produced before the jurisdictional Magistrate, before whom the detenue deposed that she was continuously tortured by her father and that Sabu C.S had not physically, mentally or sexually abused her.

6. The petitioner has further averred that he came to learn that the detenue made an attempt to commit suicide. She was admitted to the Medical Trust Hospital. Therefore, apprehending danger to the life of the detenue, this writ petition is filed.

7. The 1st respondent was directed to file a report in the case. Accordingly, the learned Government Pleader had submitted the report of the 1st respondent dated 02.12.2019. It is, inter-alia, stated in the report that, the statement of the wife of the 3rd statement was recorded. She stated that the detenue was missing since 22.11.2019. On the basis of her statement, Crime No.1468/2019 was registered under Section 57 of the Kerala Police Act, and investigation commenced. The detenue was found near Hill Palace Station in a car with Sabu.C.S; they were taken to the said Police Station. The statement of the detenue was recorded. She had stated that he left her house on 22.11.2019 as instructed by Sabu.C.S, who promised to marry her. Her statement under Section 164 Cr.P.C was recorded by the jurisdictional Magistrate, and the detenue was sent with her parents. In the interrogation, the role of Sabu - the accused was unfolded. The offence was altered to Sections 366 A and 370 of the Indian Penal Code. The accused was arrested, and was remanded to judicial custody for 14 days. In the meantime, the detenue was admitted to Medical Trust Hospital, for having an overdose of sleeping pills. The statement of the detenue with a medical report was also produced.

8. Pursuant to the interim order dated 02.12.2019 passed by this Court, the alleged detenue was produced before us on 6.12.2019. The detenue admitted that she was only 16 years of age. Considering the sensitivity and gravity of the issue, we interacted with her and her parents at length. The detenue admitted that she was in love with Sabu.C.S and was desirous of getting married to him. She further stated that her relationship with her father, the 3 rd respondent, was strained due to her relationship with Sabu C.S. The 3rd respondent and his wife also admitted that the detenue had eloped with Sabu.C.S on 22.11.2019 and that the detenue attempted to commit suicide and was treated in two hospitals. They assured that they would try their level best to patch up their differences with the detenue and bring her up with love and affection. Accordingly, we adjourned the case to 16.12.2019, to ascertain whether a rapprochement could be effected.

9. On 16.12.2019, the detenue was produced before another Bench of this Court. The Bench after interacting with the detenue and her parents was convinced that the detenue is a child in need of care and protection and that she has to regain her mental balance. Accordingly, the detenue was directed to be produced before this Court on 17.12.2019.

10. On 17.12.2019, the detenue and her parents were present before us. We again interacted with them. The detenue told us that she was not happy to live with her parents. She accused her father of being hostile towards her, and there was acrimony in their house. The parents of the detenue told us that the detenue attempted to strangulate her mother, as she refused to give the detenue the mobile phone. The 3rd respondent told us that Sabu.C.S and the petitioner were frequenting their house and attempting to establish contact with the detenue. The parents also felt that the detenue is not mentally stable. They apprehend that she may take the extreme step to end her life.

11. Taking into consideration the fact that the detenue is a female child of 16 years, who is alleged to be sexually abused, we hold that the detenue is a child falling within the purview of Section 30 (xiii) of the Juvenile Justice (Care and Protection of Children) Act, 2015, and her future care is the responsibility of the Child Welfare Committee, Ernakulam, for taking action for her rehabilitation and social reintergration. The statement given by the parents of the detenue, that she may take the extreme step of suicide and is not mentally stable, compel us to hold that they are not in a position to take care of the detenue or protect her paramount welfare and best interest.

12. In the above facts and circumstances, we deem that this is a fit case to exercise the parens patriae jurisdiction of this Court and issue a writ of habeas corpus under Article 226 of the Constitution of India, directing the 3 rd respondent to produce the detenue "Gracemol" before the Child Welfare Committee (CWC), Ernakulam, today (18.12.2019) at 2.p.m. The CWC shall place the detenue in a recognised child care institution having the facilities to house a 16 year old female child. The CWC shall decide the further course of rehabilitation and protection to be provided to the detenue, including making appropriate arrangements to see that the childs education is restored. A Child Protection Officer of the Ernakulam Unit shall be deputed to monitor the mental and physical health of the detenue on a periodical basis, including sending the detenue for psychological evaluation and follow up medical treatment. The 3rd respondent and his wife would be free to file an application before the CWC seeking visitation rights at the Child Care Institution where the detenue is placed. The 1st respondent shall see that the detenue is produced before the CWC, Ernakulam, today at 2 p.m. The writ petition is disposed of accordingly.

Final Result : Disposed