Ajithkumar M vs The Commissioner Of Police
2021 Latest Caselaw 4333 Ker

                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.39 OF 2021


PETITIONER/S:

      1         AJITHKUMAR M
                AGED 55 YEARS
                CHELLASSERRY KIZHAKKATHIL, THEVALAKKARA P.O,
                THEVALAKKARA, KARUNAGAPPALLY, PIN-690 524

      2         SAILAJA D,
                CHELLASSERRY KIZHAKKATHIL, THEVALAKKARA P.O,
                THEVALAKKARA, KARUNAGAPPALLY, PIN-690 524

                BY ADVS.
                SHRI.V.PREMCHAND
                P.SURYA MOHAN

RESPONDENT/S:

      1         THE COMMISSIONER OF POLICE
                KOLLAM CITY, KOLLAM, PIN-691 001
      2         THE STATION HOUSE OFFICER,
                SAKTHIKULANGARA POLICE STATION, KOLLAM, PIN 691 581.
      3         RAHUL M,
                S/. MOHANAN PILLAI, RAHUL NIVAS, MEENATHUCHERRY,
                KAVANADU P.O, KOLLAM PIN-691 003
      4         SREEKUMARI,
                W/O.MOHANAN PILLAI, RAHUL NIVAS, MEENATHUCHERRY,
                KAVANADU P.O, KOLLAM, PIN-691 003
DETENUE:-
                ABHIRAMI AJITH
                D/O. AJITHKUMAR M, AGED 23 YEARS,
                RAHUL NIVAS, MEENATHUCHERRY, KAVANADU P.O.,
                KOLLAM PIN 691 003

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.39 OF 2021

                                2



                          JUDGMENT

Dated this the 5th day of February 2021

K. Vinod Chandran, J.

The petitioners are the parents of a married girl, who is

said to be in illegal detention. It was submitted that the third

respondent-husband of the alleged detenue is ill-treating her

along with his mother. The parents also alleged that they have

not been able to talk to their daughter from the fourth onwards

and see her also. Only in such circumstances, we directed the

daughter of the petitioners to be produced before us.

2. Today, she has come before us and she has a different

story to narrate. She says that she is happy in her marital home.

The husband of the alleged detenue is also present. He also

submits that they have no problem between themselves. In fact,

the alleged detenue submits that she had gone to the house of

the parents on the 4th and they wanted her to stay back in the

house, which she refused to. It is hence that she did not pick up

the mobile after she returned from her house to the marital

house. It is also stated before us that she just had an abortion

and that she has not come out of the experience even now. She WP(Crl.).No.39 OF 2021

has in fact brought the medical records, which would indicate

that the allegation of the abortion having been caused by the

violence of the third respondent is negatived. She says that it

was because of stunted growth of the foetus that the abortion

was conducted. We asked her whether she would like to interact

with her parents. She bluntly refused, especially due to the fact

that she has been unnecessarily dragged to the High Court

along with her husband. She also has a grouse against her

parents for reason of the parents having raised unnecessary

complaints even at the workplace of the third respondent, her

husband.

3. We are convinced that there is absolutely no reason to

entertain the writ petition. We would have imposed exemplary

costs but for the fact that the petitioners are the parents of the

alleged detenue.

In the result, writ petition is dismissed.

Sd/-

K.VINOD CHANDRAN

JUDGE

Sd/-

                                             M.R.ANITHA

shg                                                JUDGE
 WP(Crl.).No.39 OF 2021






                             APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1               TRUE COPY OF THE OUTPATIENT TICKET DATED

14.11.2020 ISSUED FROM THE DISTRICT HOSPITAL, KOLLAM IN RESPECT OF THE 1ST PETITIONER.

EXHIBIT P2 TRUE COPY OF THE OUTPATIENT TICKET DATED 14.11.2020 ISSUED FROM THE DISTRICT HOSPITAL, KOLLAM IN RESPECT OF THE 2ND PETITIONER.

EXHIBIT P3 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 18.11.2020 ISSUED FROM THE SAKTHIKULANGARA POLICE STATION.

EXHIBIT P4 TRUE COPY OF THE PETITION DATED 29.01.2021 FILED BEFORE HE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE POSTAL RECEIPT DATED 31.01.2021.