Kerala High Court
Thahira I. vs State Of Kerala on 22 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
MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942
WP(Crl.).No.59 OF 2021
PETITIONER:
THAHIRA I., AGED 39 YEARS
W/O. SAKKIR, NILAVU, NAGARUKUZHI, PALAMKONAM P.O.,
NEDUMANGAD, THIRUVANANTHAPURAM-695 607.
BY ADV. SRI.V.VINAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI-31.
2 DISTRICT POLICE CHIEF (RURAL)
OFFICE OF DISTRICT POLICE CHIEF THIRUVANANTHAPURAM
(RURAL), UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM, KERALA- 695 033.
3 STATION HOUSE OFFICER
VENJARAMOODU POLICE STATION, SH1,
VENJARAMMOODU, KERALA - 695 607.
4 STATION HOUSE OFFICER
VELLAMUNDA POLICE STATION, SH54, AREEKARA,
VELLAMUNDA, VAYANAD, KERALA-670 731.
5 HASHIM, S/O.USMAN ODAN, ODAN HOUSE, KELLOOR (P.O),
PORUNNANNOOR, VAYANAD DISTRICT, KERALA-673 592
(VELLAMUNDA, P.S LIMIT)
SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No.59 OF 2021 2
JUDGMENT
Dated this the 22nd day of February, 2021
K. Vinod Chandran, J.
Petitioner is before this Court alleging that
her daughter aged 19 years, the detenue, is under the
wrongful confinement of the 5th respondent. It is also
submitted before Court that the daughter of the
petitioner had been duped and she had proceeded with
the 5th respondent on his promise of marrying her. It
was submitted that the 5th respondent is already married
and has two children.
2. We directed the police to procure the
custody of the alleged detenue and produce her before
us. Today the detenue is before us. We have interacted
with her in our chambers. She told us categorically
that though she had gone with the 5th respondent, it was
on the promise that he will marry her. In fact there
was misrepresentation with respect to the earlier
marriage, since the 5th respondent had told her that he
was already divorced. The detenue has also submitted
before us that she had physical relationship with the
5th respondent, which consent was only on the promise of
his marrying her and on the information that he was
already divorced.
3. The learned Senior Government Pleader
submits that the daughter of the petitioner had
appeared before the 3rd respondent, Station House
Officer, along with the 5th respondent. Before
production before this Court, she was produced on the
digital platform before the Judicial First Class
Magistrate, Nedumangad. Before the Magistrate she had
submitted that she had gone with the 5th respondent on
her own free will. However, only later she came to know
that the 5th respondent had not divorced his earlier
wife and still the marriage subsists. It was in such
circumstances that the daughter of the petitioner has
expressed her desire to go with her mother.
4. The mother/petitioner also is present before
us and the daughter of the petitioner is allowed to go
with her mother. The police would first produce her
before the Station House Officer, the 3rd respondent,
who shall record her First Information Statement and
from there she shall be sent for medical examination
and further steps taken in accordance with law.
The writ petition is disposed of with the above
direction, allowing the daughter of the petitioner, the
detenue, to go along with the petitioner.
Sd/-
K.VINOD CHANDRAN,
JUDGE.
Sd/-
M.R. ANITHA,
JUDGE.
sp/22/02/2021
//True Copy//
P.A. To Judge
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PART OF AADHAAR CARD OF
THE DETENU DATED 21.07.2012 BY
NO.994075185162.
EXHIBIT P2 THE TRUE COPY OF FIR NO.246/2021
VENJARAMOOD POLICE STATION DATED
09.02.2021.
