Shehansha vs The State Police Chief

Kerala High Court

Shehansha vs The State Police Chief on 3 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                  &
               THE HONOURABLE MR. JUSTICE EASWARAN S.
        FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946
                      WP(CRL.) NO. 453 OF 2024
PETITIONER:
           SHEHANSHA, AGED 22 YEARS
           S/O SHAHULHMAEED, VELUTHEDATUPADEETHATHIL HOUSE,
           KAYAMKUMA P.O, ALAPPUZHA DISTRICT, PIN - 690502

           K.MOHAMMED RAFEEQ
           BIBIN MATHEW
           P.M.MATHEW
           SONYMON ANTONY
           AMARNATH R LAL


RESPONDENTS:
     1     THE STATE POLICE CHIEF
           POLICE HEAD QUARTERS, TRIVANDRUM, PIN - 695010

    2      THE SUPERINTENDENT OF POLICE
           ALAPPUZHA DISTRICT, ALAPPUZHA, PIN - 688001

    3      STATION HOUSE OFFICER, KARIYILAKULANGARA POLICE
           STTAION, ALAPPUZHA, PIN - 690572

    4      LATHEEF, AGED 60 YEARS, FATHER'S NAME NOT KNOWN,
           RUMAISAMANZIL, MALAMELBHAGAM, KARIYILAKULAMNGARA P.O
           KAYAMNKULAM, ALAPPUZHA DISTRICT, PIN - 690572

    5      SHAMSUSDHEEN, AGED 55 YEARS, FATHER'S NAME NOT KNOWN,
           RUMAISAMANZIL, MALAMELBHAGAM, KARIYILAKULAMNGARA PO
           KAYAMNKULAM, ALAPPUZHA DISTRICT, PIN - 690572

           RINNY STEPHEN CHAMAPARAMPIL
           ASHA ELIZABETH MATHEW(K/1557/2003)
           NEENA ELISABATH ANTONY(K/000278/2024)

           PP - SRI.SUNIL KUMAR KURIAKOSE


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 453 OF 2024
                                 2


                             JUDGMENT

Devan Ramachandran, J.

The petitioner asserts that he is romantically involved with the alleged detenue and that she has now been detained against her wishes by her father and brother; thus constraining him to approach this Court through this writ petition.

2. We have interacted with the alleged detenue, who, however, informed us unequivocally that she is not under detention and that she is living with her parents on her own will. She, in fact, further informed that she intends to return with the parents, though saying that she is confused with respect to her future life decisions; conceding that she has some liking for the petitioner.

3. We, therefore, talked to the fifth respondent and his wife, who are the parents of the alleged detenue, who submitted that they have only the best interests of their daughter and that they will support and guide her in all her future endeavours, including qua her decisions to be taken in future.

4. We also interacted with the petitioner, who reiterated that he is in love with the alleged detenue. WP(CRL.) NO. 453 OF 2024 3

5. Sri.Sunil Kumar Kuriakose - learned Government Pleader, submitted that a statement of the detenue has been taken by the Police and that they have found that she is not under detention, but is living with her parents without force. He, however, pointed out that, in the statement, there are some suggestions made by the alleged detenue regarding some pressure mounted on her by her, but that this can only be seen to be a natural reaction of the parents to the information they received regarding her involvement with the petitioner. He, therefore, left it to this Court to issue appropriate orders.

Taking note of the afore circumstances and since we see no reason to even suspect that the alleged detenue is under any kind of detention, we close this writ petition; however, clarifying that we have not entered into the merits or any other contentions or assertions.

Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- EASWARAN S. JUDGE stu WP(CRL.) NO. 453 OF 2024 4 APPENDIX OF WP(CRL.) 453/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE IMAGE OF THE PETITIONER ALONG WITH THE DETENUE WHILE THEY WERE CONDUCTING THEIR SHOPPING Exhibit P2 TRUE COPY OF THE RECEIPT DATED 18.04.2024 ISSUED BY THE THIRD RESPONDENT RESPONDENT EXHIBITS EXHIBIT R5(a) A true copy of the FIR dated 16/07/2023 in Crime No.726/2023 of Kayamkulam Police Station EXHIBIT R5(b) A true copy of the FIR dated 23/08/2021 in Crime No.857/2021 of Kayamkulam Police Station EXHIBIT R5(c) A true copy of the FIR dated 20/06/2020 in Crime No.1171/2020 of Kayamkulam Police Station EXHIBIT R5(d) A true copy of the FIR dated 14/07/2022 in Crime No.507/2022 of Ochira Police Station EXHIBIT R5(e) A true copy of the FIR dated 27/04/2024 in Crime No. 655 of 2024 of Karunagapally Police Station