Kerala High Court
Nifin O vs State Of Kerala on 4 August, 2021
W.P.(CRL.) No. 182 of 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.
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
WP(CRL.) NO. 182 OF 2021
PETITIONER/S:
NIFIN O, AGED 27 YEARS
S/O. OMANAKUTTAN, VALLAPPALLIL, CHAVARA P.O., KOLLAM-
691583.
BY ADV VISHNU R.
RESPONDENT/S:
1 STATE OF KERALA REP. BY CHIEF SECRETARY, SECRETARIAT,
TRIVANDRUM-695001.
2 THE STATION HOUSE OFFICER,PALA POLICE STATION,
KOTTAYAM-686575.
3 THE DISTRICT POLICE CHIEF,DISTRICT POLICE OFFICE,
KOTTAYAM-686003.
4 SIBY VIJAYAN,AGED 46 YEARS
W/O. LATE VIJAYAN, BABUNILAYAM, KIZHATHADIYUR,
NECHIPUZHOOR P.O., KOTTAYAM-686574.
5 BINU A.K,AGED 45 YEARS,S/O. NOT KNOWN, BABUNILAYAM,
KIZHATHADIYUR, NECHIPUZHOOR P.O., KOTTAYAM-686574.
FOR R1 TO R3 BY ADVS.
SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR
GOVERNMENT PLEADER
DEVADAS H. MALLAN
OTHER PRESENT:
SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(CRL.) No. 182 of 2021 2
JUDGMENT
Ziyad Rahman A.A.
This writ petition is filed by the petitioner
seeking for issuance of a writ of habeas corpus
directing respondents 1 to 3 to produce the body of
Ms.Smitha Vijayan, who is the daughter of the 4th
respondent, before this Court and set her at
liberty. According to the petitioner, he is in love
with the alleged detenue and they have already
taken a decision to marry. He further states that,
the alleged detenue is a major and is a B.Tech
holder. The petitioner is also a diploma holder in
Civil Engineering and he is now working in Cochin
Shipyard Ltd. The 4th respondent, who is the mother
and the 5th respondent who is the brother of the
father of the alleged detenue were against the
relationship between them and in order to prevent
the alleged detenue from pursuing the said
relationship, they have kept her under detention.
2. When the writ petition came up for
admission on 22.07.2021, we directed the 2nd
respondent to obtain a statement of the alleged
detenue through a woman police officer without the
presence of her parents or any family members.
3. In pursuance to the said order, the 2 nd
respondent obtained a statement and the same was
produced before this Court along with a report. On
perusing the said statement, we felt that this
could be a case where, the alleged detenue is being
kept inside the house against her wish and will.
A further direction was issued to the respondents
for production of the alleged detenue before this
Court.
4. Today, the alleged detenue was produced and
we interacted with her. She stated that she wish to
go along with the petitioner herein as they have
already taken a decision to solemnise the marriage
between them. The mother of the petitioner and the
parents of the 4th respondent are present. We
notice that the alleged detenue is a well qualified
woman and is competent to take a decision on her
own. She has already taken a decision to leave the
4th respondent to join the petitioner. As it is a
matter of personal choice which she is perfectly
entitled to exercise, we find no reason to
interfere therein. In such circumstances, we
dispose of this writ petition by granting
permission to the alleged detenue to go along with
the petitioner herein.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
pkk
APPENDIX OF WP(CRL.) 182/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE DRIVING LICENCE DATED
28.12.2018.
Exhibit P2 THE TRUE COPY OF THE ADHAR CARD DATED NIL.
