Kannan K K vs State Of Kerala

Kerala High Court

Kannan K K vs State Of Kerala on 23 May, 2024

Author: Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                             &
            THE HONOURABLE MR. JUSTICE P.M.MANOJ
  THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                  WP(CRL.) NO. 514 OF 2024

PETITIONER:

         KANNAN K K
         AGED 49 YEARS
         S/O KUTTAN, KANDATHINKARAYIL HOUSE, VENGOOR.P.O.,
         VENGOOR, PERUMBAVOOR, PIN - 683546

         BY ADV SINU.G.NATH

RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
         GOVERNMENT THIRUVANANTHAPURAM, PIN - 695001

    2    THE DISTRICT POLICE CHIEF
         ERNAKULAM RURAL, ALUVA, PIN - 682039

    3    THE STATION HOUSE OFFICER
         KURUPPAMPADY POLICE STATION, KERNAKULAM RURAL,
         PIN - 683545

    4    SUBIN JOLLY
         AGED 24 YEARS
         KANNANKARA HOUSE, THEKKUMBHAAGAM P O, KARIKKODE,
         THODUPUZHA, PIN - 685585

OTHER PRESENT:

         SRI P M SHAMEER, GP.

     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR FINAL
HEARING ON 23.05.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP (Crl.) No.514 of 2024
                                              2




                                       JUDGMENT

Raja Vijayaraghavan, J.

The petitioner herein is the father of the corpus ('Ms. X' for the sake of brevity). He states that the 4th respondent has forcefully taken the detenu out of the legal possession of the petitioner and she is illegally detained. In the said circumstances, he has lodged a complaint before the police. Complaining of inaction, he is before this Court.

2. By order dated 14.05.2024, this Court directed the 3rd respondent to ensure the presence of the detenu before us.

3. The detenu has appeared before us in person and we have interacted with her. She stated before us that she has crossed the age of 18 years and she has joined the company of the 4th respondent on her own accord. She stated that she is not under illegal detention of any nature. She stated that the parties have approached the jurisdictional authority to get their marriage registered under the provisions of the Special Marriage Act and notice has been issued. WP (Crl.) No.514 of 2024 3

4. The 4th respondent submitted that he is working as a sales executive and asserted that he intends to marry the detenu.

5. In a petition for issue of writ of Habeas Corpus, we are primarily concerned with the question of whether the alleged detenu is detained against her wish, will, and desire by anyone. The correctness, prudence or wisdom of the decisions of the alleged detenu are not justiciable before the Court. The alleged detenu, as noted earlier, is an adult woman, she had already attained majority.

In that view of the matter, we respect the wishes of the detenu and this Writ Petition is closed.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE Sd/-

P.M.MANOJ JUDGE APM/23/05/2024