IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
WP(CRL.) NO. 328 OF 2022
PETITIONER/S:
BIJU M.S., AGED 51 YEARS
S/O. P.V. CHANDRA MOHAN, DEVA MEENAKSHI,
NAVAYIKULM P.O., THIRUVANANTHAPURAM 695 603.
BY ADVS.
R.KRISHNA RAJ
E.S.SONI
KUMARI SANGEETHA S.NAIR
RESMI A.
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
GOVERNMENT, HOME DEPARTMENT ,
SECRETARIAT,THIRUVANANTHAPURAM 695 001.
2 STATION HOUSE OFFICER ,
KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM
695 0101, REPRESENTED BY PUBLIC PROSECUTOR, HIGH
COURT OF KERALA,
3 NISHAD .R, AGED 33 YEARS
S/O. RASHEED, KATTUMPURATHIL VEEDU, MYTHRI NAGAR,
KALLUTHAZHAM P.O., KOLLAM 691 004.
BY ADV Biju P.P
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 29.04.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(Crl) 328/2022
2
C.S.DIAS & C.JAYACHANDRAN, JJ.
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WP(Crl) No.328 of 2022
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Dated this the 29th day of April, 2022
J U D G M E N T
Jayachandran, J.
1. Petitioner is the father of the alleged detenue. In the instant writ petition, the petitioner seeks issuance of a writ of habeas corpus mandating production of his daughter, aged 18 years, before this Court on the premise that she is under illegal detention of the 3rd respondent herein.
2. In the writ petition, the petitioner would allege that his daughter had just crossed the age of 18 years and that she had not returned from the college on 14.3.2022, whereafter she is missing. Upon enquiry, the petitioner came to know that his daughter/detenue is in the custody of the 3 rd respondent, later substantiated by a message sent by the third respondent to the petitioner. WP(Crl) 328/2022 3 According to the petitioner, the custody of the detenue with the third respondent is against her will and, therefore, illegal. On such premise, the petitioner seeks the relief above referred.
3. By order dated 7.4.2022, we directed production of the alleged detenue before the Secretary, District Legal Services Authority, Kollam on 12.4.2022. Accordingly, the alleged detenue was produced, whereupon she expressed her desire to go along with her parents. For reiteration, the alleged detenue was directed to be produced before this Court today along with her parents. Accordingly, the detenue, third respondent and the parents of the detenue are present before us today. We have interacted with the alleged detenue and she expressed her firm desire to live with her parents.
4. The third respondent submitted that the alleged detenue was comfortably staying with him until she was produced before the DLSA, Kollam on WP(Crl) 328/2022 4 12.4.2022, where the alleged detenue was permitted to interact with her parents, without the presence of the third respondent. According to the third respondent, the detenue had changed her stand only on the undue influence of her parents. We discount the said submission of the third respondent for the reason that the alleged detenue has reiterated her desire before us today, after the expiry of more than 15 days from 12.4.2022.
5. Inasmuch as the alleged detenue is firm in her resolve to be with her parents, we allow this Writ Petition and direct the alleged detenue to be set free, so as to enable her to live her free and independent life.
6. In the eventuality of any threat from the third respondent, we direct the second respondent to afford adequate and necessary protection to the alleged detenue and her parents to avert such threat, and to initiate prompt action, in accordance with law, on the event of such high- WP(Crl) 328/2022 5 handed action, if any. We further direct the Registry to mask the file, so as to maintain confidentiality of the records and privacy of the parties. Copies of any document, forming part of the file, shall not be issued to the parties or any person, except with the permission of the court concerned as per roster. Finally, we also direct the Registry to show the names of the petitioner and third respondent in the judgment and subsequent orders as 'X' and 'Y' to maintain their privacy.
The Writ Petition is ordered accordingly.
Sd/-
C.S.DIAS JUDGE Sd/-
C.JAYACHANDRAN JUDGE jg WP(Crl) 328/2022 6 APPENDIX OF WP(CRL.) 328/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER IN B.A. 5288 OF 2009 OF THE HON' BLE COURT OF KERALA DATED 09.12.2009.
Exhibit P2 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE POLICE DATE 14.03.2022.
Exhibit P3 TRUE COPY OF THE FIR NO. 0197/2022 OF KALLAMBALAM POLICE STATION DATED 14.03.2022.
Exhibit P4 TRUE COPY OF THE AADHAAR CARD NO.
93016932 6358 DATED 30.10.2012. Exhibit P5 TRUE COPY OF THE NOTICE OF INTENDED MARRIAGE DATED 22.3.2022.
RESPONDENT EXHIBITS EXHIBIT R3(a) TRUE COPY OF THE STATEMENT OF ALLEGED MISSING GIRL NAMED MEENAKSHI S BIJU DATED 16/3/2022 RECORDED BY THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE-III, ATTINGAL EXHIBIT R3(b) COPY OF THE PHOTOGRAPHS EXHIBIT R3(c) TRUE COPY OF THE BIRTH CERTIFICATE OF THE DETINUE ISSUED BY THE PATHANAPURAM GRAMAPANCHAYAT, PATHANAPURAM