Kerala High Court
Heera Rajan vs State Of Kerala on 4 July, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
2025:KER:49254
WP(CRL.) NO. 787 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 4TH DAY OF JULY 2025 / 13TH ASHADHA, 1947
WP(CRL.) NO. 787 OF 2025
PETITIONER:
HEERA RAJAN
AGED 29 YEARS
D/O RAJAN, THIRUTHIKAD HOUSE, PORKKULAM PO, THRISSUR,
PIN - 680542
BY ADV SMT.SREELAKSHMI SABU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, THE DEPARTMENT OF HOME
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM,
PIN - 695014
3 THE SUPERINTENDENT OF POLICE
DISTRICT POLICE OFFICE, YAKKARA ROAD, PALAKKAD, KERALA,
PIN - 678014
4 STATION HOUSE OFFICER
KOTTAYI POLICE STATION, MANKARA - PALAKKAD ROAD,
KOTTAYI, KERALA, PIN - 678572
5 V.K SETHUMADHAVAN
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WP(CRL.) NO. 787 OF 2025
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KRISHNA KRIPA, THARAVATHUPADI, PERINGOTTUKURISSI P.O,
VADAKKUMPURAM, PALAKKAD, PIN - 678574
6 USHA SETHUMADHAVAN
W/O SETHUMADHAVAN, KRISHNA KRIPA, THARAVATHUPADI,
PERINGOTTUKURISSI P.O, VADAKKUMPURAM, PALAKKAD, PIN -
678574
BY ADVS.
SHRI.RAJESH SIVARAMANKUTTY
SMT.VIJINA K.
SRI.ARUL MURALIDHARAN
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
04.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(CRL.) NO. 787 OF 2025
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JUDGMENT
DEVAN RAMACHANDRAN (J) This petition has been filed by the wife of the alleged detenue, imputing that the latter is being detained against his wishes by respondents 5 and 6 - who are his parents.
2. The allegations in this Writ Petition are rather strange because, the wife asserts that she has been kept away from her husband by her in-laws; but conceding in the same breath that the alleged detenue - the former, is 37 years in age.
3. However, Sri.Rajesh Sivaramankutty - learned counsel for the respondents, in response, asserted that the alleged detenue is not under detention, but is incapacitated due to disease, undergoing treatment at home.
4. On hearing Sri.Rajesh Sivaramankutty as afore, we passed the following order on 2025:KER:49254 WP(CRL.) NO. 787 OF 2025 4 30.06.2025:
"Sri.Rajesh Sivaramankutty appears for the respondents 5 and 6 and submits that the alleged detenue, being the son of his clients, is now bedridden on account of a Debilitating medical condition.
2. Though Smt.Sreelakshmi Sabu, appearing for the petitioner, controverts the afore submission, we are of the view that her client should be given an opportunity to meet the alleged detenue in his residence, which is stated to be at Palakkad.
3. We, therefore, allow the petitioner to visit the alleged detenue at the residence of his parents, namely the respondents 5 and 6 at Palakkad, from 11 A.M tomorrow (01.07.2025). She shall be allowed to be with her husband for as long as it is possible without any constraints of time; but ensuring that the alleged detenue is not put to any inconvenience.
4. Since the petitioner expresses an apprehension that she may face impediments in the afore interaction, we direct the 4th respondent, Station House Officer to send a suitable Police Officer, not in uniform to the residence in question at 11 A.M; and 2025:KER:49254 WP(CRL.) NO. 787 OF 2025 5 that Officer will ensure that the interaction go so smoothly. Of course, it is not necessary for the Officer so deputed to remain throughout, but it will be sufficient that he / she keeps a watch and so that a report can be then favoured to us through the learned Government Pleader.
List, therefore, on 02.07.2025."
5. Today, we are told that the petitioner is now residing along with the alleged detenue in the residence of respondents 5 and 6; and we notice that she has filed an affidavit before this Court to the effect that she is willing to take him and admit him in the "Aster Medcity", Ernakulam on 07.07.2025. She has also averred that she will take him in an ambulance, and have him treated.
6. Sri.Sunil Nath - learned Government Pleader appearing for the official respondents, conceded that the alleged detenue also seems to be wanting to go with the petitioner and that 2025:KER:49254 WP(CRL.) NO. 787 OF 2025 6 there does not appear to be severe disputes between them. He suggested that, perhaps, the disputes are really between the petitioner and her in-laws, rather than with the alleged detenue.
7. Sri.Rajesh Sivaramankutty, at this time, submitted that his clients have absolutely no objection to their son being taken to the "Aster Medcity" and given the best care. He, however, prayed that they be allowed the opportunity of being part of the treatment and being with him, subject to the rules of the hospital.
8. It is thus obvious that there are hardly any disputes that we need to resolve; and that we are now enjoined to dispose of this Writ Petition edificed on the limited consent that we see between the parties.
In the afore circumstances, this Writ 2025:KER:49254 WP(CRL.) NO. 787 OF 2025 7 Petition is disposed of, recording that the alleged detenue is not under detention of respondents 5 and 6, but he is under treatment.
We allow the petitioner to take the alleged detenue from his paternal house to the "Aster Medcity" on 07.07.2025 and to admit him there and continue the treatment, as long as it is required. We also permit respondents 5 and 6 to be fully involved in the treatment of their son and to be with him in the hospital, subject to its rules and regulations.
Sd/-
DEVAN RAMACHANDRAN JUDGE Sd/-
M.B. SNEHALATHA
SAS JUDGE
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WP(CRL.) NO. 787 OF 2025
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APPENDIX OF WP(CRL.) 787/2025 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE GURUVAYUR MUNCIPALITY DATED 2.4.2018. Exhibit P2 PHOTOGRAPH OF THE PETITIONER ALONG WITH HER HUSBAND AND CHILD.
Exhibit P3 TRUE COPY OF THE INPATIENT DISCHARGE SUMMARY ISSUED BY DR. M ZUCCARELLO DATED 16.12.2021. Exhibit P4 TRUE COPY OF THE DISCHARGE SUMMARY OF THE DETENUE ISSUED FROM CHRISTIAN MEDICAL COLLEGE VELLORE DATED 26.3.2024.
Exhibit P5 TRUE COPY OF THE SCREENSHOT OF THE MESSAGES OF THE DETENUE WITH THE PETITIONER. Exhibit P6 TRUE COPY OF THE SCREEN SHOT OF THE APPOINTMENT CONFIRMATION OF DR. DILIP PANIKAR FROM ASTER MEDICITY ON 7.7.2025. Exhibit P7 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ALONG WITH ITS RECEIPT OF NOTICE DATED 18.6.2025.