Manshad vs District Police Chief, Kottayam

Kerala High Court

Manshad vs District Police Chief, Kottayam 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. 465 OF 2024

PETITIONER/S:


            MANSHAD
            AGED 32 YEARS
            S/O ABDUL RASHEED, PALLIVILAVEEDU,
            THUMBARAMUKKE, PALAMKONAM.P.O,
            PULLAMPARA, THIRUVANANTHAPURAM,
            PIN - 695607

            BY ADVS.
            MITHUN P.
            HARISHMA P. THAMPI


RESPONDENT/S:


    1       DISTRICT POLICE CHIEF, KOTTAYAM,
            NEAR KOTTAYAM EAST POLICE STATION,
            DISTRICT POLICE OFFICE, KOTTAYAM.,
            PIN - 686002

    2       STATION HOUSE OFFICER
            PALA POLICE STATION, KOTTAYAM DISTRICT,
            PIN - 686575

    3       DAVIES BASTIN
            S/O SEBASTIAN.D, PANACHIKAL HOUSE,
            ANTHINAD.P.O, LALAM (PART),
            KOTTAYAM, KERALA., PIN - 686651
 W.P.(Crl). No.465 of 2024       2


             BY ADVS.
             JULIAN XAVIER.J JOSEPH
             FIROZ K.ROBIN(F-15)
             JOSE. V.V. (THENGATHARA)(K/000039/2003)
             ROY JOSEPH(K/55/2006)
             ANIES MATHEW(K/952/2007)
             CHRISTEENA AUGUSTINE(K/000359/2024)
             SRI. SUNIL KUMAR KURIAKOSE, GP


THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl). No.465 of 2024           3


           DEVAN RAMACHANDRAN & EASWARAN S. , JJ.
                     ------------------------------------
                        W.P.(Crl) No.465 of 2024
                     -----------------------------------
                  Dated this the 3rd day of May 2024


                                JUDGMENT

DEVAN RAMACHANDRAN, J.

The petitioner has moved this writ petition on the assertion that he has married the alleged detenue; and that she is now being detained against her wishes by the 3rd respondent, her brother.

2. However, the alleged detenue and the third respondent, along with their aunt, appeared before us in person. The alleged detenue emphatically submitted that she does not intend to continue with any relationship with the petitioner and that she had acted naively in having conceded to the registration of marriage, though that the same has never been consummated. She also informed us that she intends to go with her brother and that she is apprehensive because the petitioner has certain photographs of hers, which he is now publishing on online social platforms, including Facebook etc. She concluded saying that she W.P.(Crl). No.465 of 2024 4 fears threats and intimidation from the petitioner; and sought that liberty be reserved to her to approach the police, if required.

3. We, thereafter, interacted with the petitioner, who submitted that he has filed this writ petition because he was under the impression that the detenue wants to go with him, on the basis of the marriage they had contracted. He conceded that if the detenue does not want to continue with the relationship, he would not stand in the way; and that he would take steps to have all her information, photographs and such other details, removed from his personal platforms.

4. In fact, Sri. Sunil Kumar Kuriakose, the learned Government Pleader, affirmed that if the detenue approaches the police with a petition seeking that her information be ordered to be removed by the petitioner, necessary action in this regard will be taken.

5. Taking note of the aforesaid, we dismiss this W.P.(Crl.), recording the submissions made before us by the alleged detenue; with a consequential liberty being reserved to her to approach the police in case any personal information of hers still continues to be published in the online platforms or on pages of the petitioner; and if she is to invoke the same, the concerned police officer will ensure that necessary action is taken without any delay.

As a corollary, we reserve liberty to the detenue to move the police if she requires any protection; in which event, the competent authority will ensure that it is afforded to the fullest warranty, without any reservation.

Sd/-

DEVAN RAMACHANDRAN JUDGE Sd/-

EASWARAN S. JUDGE NS W.P.(Crl). No.465 of 2024 6 APPENDIX OF WP(CRL.) 465/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 07.10.2023 ISSUED BY THE MARRIAGE OFFICER, SUB REGISTRAR OFFICE VAMANAPURAM Exhibit P2 A TRUE COPY OF THE EMAIL COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT, DATED 22/4/2024