W.P.(Crl.)471/2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(CRL.) NO. 471 OF 2022
PETITIONER:
ABDUL WAHAB, AGED 32 YEARS, S/O. P. MOHAMMED KABEER,
PALATHINGAL HOUSE, CHEMBRA, MEENADATHOOR P.O., TIRUR,
MALAPPURAM DISTRICT, PIN - 676307
BY ADVS.
C.M.MOHAMMED IQUABAL
P.ABDUL NISHAD
RAIHANATH T.H.
RESPONDENT/S:
1 THE SUPERINTENDENT OF POLICE, MALAPPURAM
MALAPPURAM P.O., PIN - 676521
2 THE STATION HOUSE OFFICER
KOTTAKKAL POLICE STATION, KOTTAKKAL P.O.,
MALAPPURAM DISTRICT, PIN - 676503
3 SAJAN P, AGED 52 YEARS
PALATHINGAL (H), KOLATHUPARAMBU, OTHUKKUNGAL,
MALAPPURAM DISTRICT, PIN - 676528
4 MURALEEDHARAN P., AGED 55 YEARS
PANDALODI (H), CHEMMAD,THIROORANGADI P.O., MALAPPURAM
DISTRICT, PIN - 676306
5 GOPALAKRISHNAN P., AGED 52 YEARS
PANDALODI (H), CHEMMAD,THIROORANGADI P.O., MALAPPURAM
W.P.(Crl.)471/2022
2
DISTRICT, PIN - 676306
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
K.SUJAI SATHIAN
DIRECTOR GENERAL OF PROSECUTION(AG-10)
P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC PROSECUTOR()
MARY LIYA SABU
VISMAYA VINOD
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.)471/2022
3
K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
----------------------------------------------
W.P.(Crl.)No.471 of 2022
---------------------------------------------
Dated this the 14th day of June, 2022
J U D G M E N T
Vinod Chandran, J.
Read order dated 06.06.2022.
"1. The above writ petition was filed on the allegation that in the earlier writ petition the statement taken was not proper. The learned counsel also made allegations against the police and alleged that the statement was taken under coercion.
2. We directed the learned Government Pleader to get instructions in the matter. The learned Government Pleader very cautiously instructed the Superintendent of Police to ensure that statement is taken by an independent police officer. A lady Circle Inspector of Police took the statement which, the learned Government Pleader says, will be produced before this Court. In any event, the learned Government Pleader also submitted that the parents have produced their daughter. The alleged detenue herself, we are told, wanted to appear before Court, so as to put an end to the constant harassment.
W.P.(Crl.)471/2022 4
3. Today the subject appeared before us and we interacted with her. We specifically asked whether there was any coercion on the part of the family which she denied. She also informed us, her desire to go with her parents.
4. Since the statement is not on record, we post the matter on 7.6.2022."
2. We were of the opinion that, this Writ Petition was an abuse of process of Court especially when the petitioner had filed an earlier Writ Petition, in which, a statement was recorded, based on which there was found no illegal detention. Hence, imposition of cost on the petitioner was imperative and we directed the petitioner to pay Rs.10,000/- (Rupees Ten Thousand Only) to the family of the alleged detenue. Learned counsel submitted that the petitioner is now ready to remit the amount. The amount shall be deposited with the Registry. The Registry shall take out Demand Draft in the name of the 4 th respondent, Muraleedharan P. after deducting the DD charges from W.P.(Crl.)471/2022 5 that amount and transmit the same to the 4 th respondent. This Writ Petition is dismissed with costs quantified as above.
Sd/-
K.VINOD CHANDRAN JUDGE Sd/-
C.JAYACHANDRAN JUDGE Sbna/ W.P.(Crl.)471/2022 6 APPENDIX OF WP(CRL.) 471/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION FOR REGISTRATION OF THE MARRIAGE OF THE PETITIONER AND THE DETENUE DATED 17.11.2020 Exhibit P2 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE S.H.O., KOTTAKKAL POLICE STATION DATED 11.02.2022 Exhibit P3 THE TRUE COPY OF THE RECEIPT ISSUED BY KOTTAKKAL POLICE STATION DATED 15.02.2022 Exhibit P4 THE TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 1ST RESPONDENT DATED 15/02/2022 Exhibit P5 A TRUE COPY OF THE RECEIPT ISSUED BY WOMEN CELL, MALAPPURAM DATED 14.02.2022 Exhibit P6 THE TRUE COPY OF THE ORDER IN W.P.(CRL.).
NO. 301/2022 OF THIS HON'BLE COURT DATED 31.03.2022 Exhibit P7 THE TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT IN W.P.(CRL.) NO. 301/2022 OF THIS HON'BLE COURT DATED 04.04.2022 Exhibit P8 THE TRUE COPY OF THE STATEMENT OF THE DETENUE DATED 04.04.2022 Exhibit P9 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(CRL.) NO. 301/2022 DATED 08.04.2022