Rekha Sukumaran vs State Of Kerala
2021 Latest Caselaw 16150 Ker

W.P.(Crl.).No.191/2021                  1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                    &
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
  TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943
                         WP(CRL.)NO. 191 OF 2021
PETITIONER/S:

             REKHA SUKUMARAN,
             AGED 46 YEARS,
             W/O.SAJI M.G., MOONUKANDATHIL HOUSE,
             EZHACHERI P.O., RAMAPURAM, KOTTAYAM-686 651.

             BY ADVS.
             SAJIV.C.K.
             GOKUL DAS V.V.H.


RESPONDENT/S:

     1       STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ENAKULAM-682 031.

     2       THE DISTRICT POLICE CHIEF,
             ERNAKULAM, OFFICE OF DISTRICT POLICE CHIEF,
             ERNAKULAM-682 001.

     3       STATION HOUSE OFFICER,
             INFOPARK POLICE STATION, INFOPARK CAMPUS,
             KAKKANAD, ERNAKULAM-682 037.
 W.P.(Crl.).No.191/2021                     2




              STATION HOUSE OFFICER,
              RAMAPURAM POLICE STATION, PALA, KOTTAYAM-686 576.


     5        CHAKKI THAMPURATTI,
              AGED 35 YEARS, RESIDING AT FLAT NO. 104C,
              DD GREEN WOODS, EDACHIRA P.O.,
              KAKKANAD, ERNAKULAM-682 030.


       THIS    WRIT      PETITION   (CRIMINAL)     HAVING    COME   UP   FOR
ADMISSION ON        03.08.2021,      THE   COURT    ON      THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(Crl.).No.191/2021                  3

                              JUDGMENT

Ziyad Rahman A.A., J.

This writ petition is filed by the petitioner praying for issuance

of a writ of habeas corpus directing respondents 1 to 4 to produce the

body of her son Sri Amal M.S. before this court and to set him at

liberty from the illegal detention of the 5th respondent herein.

2. The case of the petitioner is that, her son aged 24 years is

employed abroad in the Ministry of Petroleum at Behrain. He came

down to Kerala on 17.07.2021 on leave. Later, on 20.07.2021, he left

the house of the petitioner by stating that he wants to visit one of his

friends and thereafter he never returned. Later, she received a

'Whatsapp' message from his son intimating that he has married the

5th respondent herein and a photograph was also sent. The petitioner

states that, as per the information received by her from a reliable

source, her son is under illegal detention of the 5th respondent, who is

elder than her son and is also a divorcee with a child aged 9 years.

She further states that, the 5th respondent is attempting to blackmail

her son as well.

3. When this writ petition came up for consideration on

30.07.2021, we directed the 3rd respondent to inquire about the

whereabouts of the son of the petitioner and also directed production

of the alleged detenue. In compliance of the said direction, the

alleged detenu was produced before us today. Petitioner, her family

members and the 5th respondent were also physically present. We

interacted with the alleged detenue and he stated that he is not under

any illegal detention. According to him, he met the 5 th respondent

seven months ago through 'facebook' and they fell in love. They have

decided to marry and in pursuance to the said decision, religious

rituals of marriage were performed on 20.07.2021 at Chottanikkara

Temple. The marriage is also registered with the Chottanikkara

Grama Panchayath. The 3rd respondent has also made available the

copy of the marriage registration certificate dated 23.07.2021 issued

the Chottanikara Grama Panchayat along with a statement, and the

said document substantiates the statement made by the alleged

detenue before us.

4. When the matter was taken up at 10.15 A.M, we granted

the petitioner and the other family members an opportunity to

interact with the alleged detenu. However, despite giving

opportunity to meet each other, the alleged detenue was not prepared

to co-operate with them.

5. The alleged detenue is aged 24 years and a qualified

person with a fruitful employment. He has every competence and

right to take a decision on his own and in exercise of such rights, he

has already taken a decision. There are no documents before us,

indicating any illegal detention. Even though in the writ petition the

petitioner has raised certain allegations against the 5 th respondent, no

materials were produced before us revealing the same. The

statement filed by the 3rd respondent after conducting a preliminary

inquiry in this regard, also does not reveal any circumstances

warranting interference of this court.

In the above circumstances, we do not find any materials to

entertain this writ petition and accordingly it is dismissed.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/03.08.21