Kerala High Court
Sonu B.S vs District Police Chief (Rural) on 5 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(Crl.).No.26 OF 2021
PETITIONER/S:
SONU B.S.
AGED 32 YEARS
S/O. G.BABU, KRISHNA BHAVAN, ARATTUKUZHI, KUTTALI
P.O., THIRUVANANTHAPURAM-695 505
BY ADV. SRI.R.GOPAN
RESPONDENT/S:
1 DISTRICT POLICE CHIEF (RURAL),
THIRUVANANTHAPURAM DISTRICT, VIKAS BHAVAN,
THIRUVANANTHAPURAM-695 001.
2 THE DEPUTY SUPERINTENDENT OF POLICE
NEYYATTINKARA SUB DIVISION, THIRUVANANTHAPURAM-695
124.
3 STATION HOUSE OFFICER
BALARAMAPURAM POLICE STATION, BALARAMAPURAM P.O.,
THIRUVANANTHAPURAM-695 016.
4 PUSHPAKUMAR D. (FATHER)
PUSHPA VIHAR, MANGALATHUKONAM, KATTACHALKUZHI P.O.,
THIRUVANANTHAPURAM-695 501.
5 BEENA J. (MOTHER)
PUSHPA VIHAR, MANGALATHUKONAM, KATTACHALKUZHI P.O.,
THIRUVANANTHAPURAM-695 501.
6 SUBIN (BROTHER)
PUSHPA VIHAR, MANGALATHUKONAM, KATTACHALKUZHI P.O.,
THIRUVANANTHAPURAM-695 501.
R1-3 BY GOVERNMENT PLEADER
R4-6 BY ADV. SRI.BLAZE K.JOSE
OTHER PRESENT:
SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No.26 OF 2021
2
JUDGMENT
Dated this the 5th day of February 2021
K. Vinod Chandran, J.
The petitioner has filed the above writ petition claiming
that respondents 4 and 5 along with respondent No.6 have
illegally detained their daughter 'Subi'. The detention was also
alleged to be on account of their objection with respect to the
relationship between the petitioner and the alleged detenue. We
had taken a statement from her through a Woman Police Officer.
In the statement, she had specifically stated that she wanted to
go with the petitioner and that she was in the illegal detention of
her parents.
2. Today, the detenue was produced before us. The
petitioner and his mother are present. We interacted with the
detenue and we were categorically informed that she wants to
go along with the petitioner. The mother of petitioner was also
present before us, who said that she is ready to accept the
alleged detenue as her daughter-in-law. In such circumstances,
we release the petitioner and direct her to go according to her
own free will with the petitioner.
WP(Crl.).No.26 OF 2021
3. Before we leave with the matter, we notice a particular
fact which has been brought to our notice by the learned counsel
for the petitioner. The learned counsel for the petitioner tells us
that immediately after our order on 01.02.2021, on the 2nd of
February, the girl was taken from her parental residence. We
specifically asked the detenue whether it was true and she said
it was. However, she has no complaints since she was illegally
detained by her parents. She was housed in the Mahila Mandir
for the last three days.
4. The learned Senior Government Pleader also submits
on instruction that the police apprehended that there was a
chance of the alleged detenue being removed from her parental
residence. We do not find fault with the police for having taken
the alleged detenue from her parental residence, in the given
circumstances. However, if such a measure is undertaken, then
it is incumbent on the police to immediately inform the Court
through the learned Government Pleader and also produce the
detenu at the earliest point of time; even before the next date of
posting of the case. We hope, there will be suitable directions
issued to all the police personnel, with respect to habeas corpus
matters.
WP(Crl.).No.26 OF 2021
5. We direct a copy of the judgment to be sent to the
State Police Chief for proper instructions to be circulated.
Writ petition is allowed with the above directions.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
M.R.ANITHA
shg JUDGE
WP(Crl.).No.26 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE WHATSAPP MESSAGE SENT BY
THE DETENUE TO THE PETITIONER.
EXHIBIT P2 PHOTOCOPY OF THE COMPLAINT DATED 16.1.2021
FILED BY THE PETITIONER BEFORE THE SECOND
RESPONDENT.
