RAJAN A. THOMAS Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, learned Government Pleader for the first respondent and learned counsel for respondents 2 and 3.

(2.) PETITIONER , a Doctor by profession, filed this writ petition complaining that his daughter Riya Thomas was found missing from his house from 20.5.2014. According to him, enquiries revealed that she was being illegally detained by the second respondent whose father is the third respondent. Petitioner has averred that Riya Thomas since childhood had shown an indifferent attitude towards her parents and was under the treatment of Dr. Philip John, a Psychiatrist. It is also averred that she had learning disorder, attention deficit hyperactivity disorder, development co -ordination disorder etc. and that for such ailments, they had approached Dr. Junaid Rahman of the General Hospital, Ernakulam. It is stated that the petitioner's daughter is not in a position to take informed decisions and that capitalizing on his acquaintance with the petitioner's daughter, the second respondent is keeping her in illegal detention. With these averments, the petitioner has filed this writ petition seeking issuance of a writ of habeas corpus with a prayer to set the detenue at liberty.

(3.) IN pursuance to the said order, a psychological evaluation of the alleged detenue was done at Lourdes Hospital, Ernakulam and under the cover of the letter dated 14.7.2014, the psychological evaluation report was forwarded to this Court. In the report, it was concluded thus: