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K.SURENDRA MOHAN, MARY JOSEPH
Thankamma Koshy – Appellant
Versus
State of Kerala – Respondent


Counsel for the Parties:
For the Petitioner:Smt. P. Sareena George and Smt. Ann Susan George, Advocates
For the Respondent:Mr. N. Suresh, Advocate

JUDGMENT

K. Surendra Mohan, J.—The grandmother of Neenu Elizabeth Abraham, aged 19 years, who is the daughter of her eldest son, Abraham Koshy, has filed this writ petition seeking the issue of a writ of habeas corpus for the release of the detenue from the custody and detention of the 5th respondent.

2. The petitioner’s son, Abraham Koshy died on 6.7.2002 when his daughter was 5 years old. The petitioner has been residing with the family of her younger son Thomas Koshy at Nalanchira, Thiruvananthapuram. The mother of the detenue got remarried in the year 2004 and is in Kuwait along with her husband. The detenue had studied up to her 10th standard in Kuwait.For her plus 2 education, she was brought to India. After completing her plus 2 course, she has joined a degree course, B.A. Animation, in the School of Media and Designing, Puthupadi, which is functioning under the Eldo Mar Baselious College, Kothamangalam. She was attending to her studies residing in a Home Stay conducted by one James Villayil, Vulavoor Junction, Puthupadi. During vacations, the detenue used to be either in the house of the petitioner or at her mother’s house.

3. According to the petitioner, she got information











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